퇴직위로금 청구의 소
1. The Defendant shall pay to the Plaintiff KRW 137,790,000 and the interest rate of KRW 15% per annum from December 2, 2014 to the date of full payment.
1. Comprehensively taking account of the overall purport of arguments in Gap's evidence Nos. 1 and 2 and Eul evidence Nos. 4 (including additional numbers; hereinafter the same shall apply) as to the cause of the claim, the defendant association held a board of directors around November 6, 2013 and decided to pay retirement consolation benefits (for a vice-chairperson, wages of 2.5 months per year in continuous service and wages of 2.0 months per year in continuous service) to retired officers and employees of the defendant association. The plaintiff was employed as the vice-chairperson on March 1, 2010 and retired from office around February 15, 2014. The plaintiff was not obliged to pay retirement consolation benefits at the rate of 137,790,000 per year in the average salary for the three months immediately preceding the plaintiff's retirement to the plaintiff's association, and according to the facts that the defendant is obligated to pay the plaintiff a copy of the appeal at the rate of 137,790,000 won per year following the above, 2071.
2. Determination on the assertion of the Defendant Association
A. In light of the fact that a resolution of the board of directors to pay retirement consolation benefits to the executives and employees of the Defendant Association was made after the dissolution of the Defendant Association, and that if retirement consolation benefits are not paid, the property to be used would be the residual property of the Defendant Association in the process of liquidation. Thus, the board of directors’ resolution to pay retirement consolation benefits to the executives and employees constitutes disposal of the residual property of the liquidated corporation, the board of directors’ resolution to pay retirement consolation benefits constitutes the act of disposal of the residual property of the
According to the statements in the evidence Nos. 2 and 5, the defendant association decided to hold an extraordinary general meeting on November 6, 2013 and dissolve the defendant association. The defendant association has remaining assets upon the repayment of the obligations of the association at the time of dissolution of the defendant association.