퇴직금청구
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the judgment of the court of first instance cited by the court of first instance is the same as the ground of the judgment of the court of first instance, and thus, the judgment of the court of first instance is cited.
However, the 11th day of the judgment of the court of first instance is dismissed as "retirement allowance", and the judgment of the court of first instance is supplemented or the judgment on the plaintiff's new assertion is added as follows.
2. Supplementary and additional parts
A. (1) With respect to the validity of the provision on payment of retirement allowances for officers of the instant case, the minutes shall be prepared at the general meeting of a stock company under Article 373 of the Commercial Act (Article 373). The proceedings and the result shall be stated in the minutes, and the signature and seal
(2) Article 31 of the Articles of Incorporation (A) provides for the same purport.
The general meeting or the board of directors, etc. of a corporation shall prepare the minutes, and the minutes shall contain the progress, guidelines, results, etc. of the proceedings, and shall not prepare the minutes, such as the proceedings, results, etc.
(2) Unless there are special circumstances, the minutes (B-1) of which the contents are resolved to convene a general meeting of shareholders on March 28, 2011 are prepared, and the minutes (B-2) of which the resolution was passed on March 28, 2011 by the general meeting of shareholders on April 29, 2011 are prepared only by the minutes (see, e.g., Supreme Court Decision 2008Du5568, Apr. 29, 2010). (2) The Defendant’s board of directors on March 7, 2011, referred to four items, including (1) statement of financial position, statement of profits and losses, and approval of the appropriation statement of profits and losses, (2) approval of the limit of audit fees, (3) approval of the limit of appraisal fees, (4) approval of appraisal rights, etc.
On March 28, 2011, the provision on payment of retirement allowances for executive officers of this case (A 3) claimed by the Plaintiff at the general meeting of shareholders of this case shall be deemed to have been resolved or approved.