beta
(영문) 서울중앙지방법원 2017.06.16 2016가합558614

장기성과급 청구의 소

Text

1. The defendant commended the plaintiff A with a face value of 5,00 foot ordinary share 4,279 shares issued by the defendant, and the plaintiff.

Reasons

1. Basic facts

A. The defendant introduced the long-term performance rating system is a company that operates civil engineering construction, new house construction and sale, and integrated overseas construction business.

On September 26, 2006, the defendant, through amendments to the Personnel Management Regulations for Executive Directors, prepared the following guidelines for the long-term performance rating of executive directors by the board of directors:

The term "long-term performance" in Article 2 (Definitions) of the Regulations on the Personnel Management of Executive Directors (attached Table 6) means remuneration paid by the company to executive officers who have contributed to the achievement of the company's vision and the long-term performance.

Article 5 (Establishment of Long-Term Performance Objectives) (1) The objective of long-term performance shall be set as a measurable item as an exclusive objective to be achieved by the company from a long-term point of view, and shall be determined after separate approval from the board of directors

(2) Where any cause, such as takeover, merger, sale, or takeover of business, occurs during the evaluation period, or where it is deemed inevitable to change long-term and objective due to changes in other management conditions, such change may be made after obtaining approval from the board of directors.

Article 6 (Evaluation Period and Time of Implementation) The evaluation period shall be January 1, 2006 at the time of the first implementation of the long-term performance-based salary system for every three years.

Article 7 (Standards and Method of Payment) (1) In principle, long-term performance shall be paid as stocks of a company in accordance with the achievement rate of long-term performance objectives through an individual agreement between the company and each executive officer, but if the representative director deems it necessary, it may be paid in cash.

(2) The amount of stocks received by an executive officer when the performance of not less than 100% and less than 110% is achieved shall be the number of stocks, the amount of stocks received by an executive officer who is not the representative director shall be twice the amount of the fixed annual salary for the executive officer concerned, and the amount four times the amount of the fixed annual salary for the representative director shall be the number of stocks

At least 130% increase by 50% of the total number of shares to be paid at the target achievement rate, and less than 120% but less than 130% of the total number of agreed shares.