A. On March 29, 2019, when the instant lawsuit was pending, Defendant B received a decision from the Seoul Rehabilitation Court to commence rehabilitation proceedings (2019 Gohap 10048), and C became a legal administrator, and the said administrator taken over the instant lawsuit.

The “Defendant” is both the “Defendant” without distinguishing between Defendant D and the litigant prior to the completion of the lawsuit. The “Defendant” is a company established for the purpose of safety inspection, precise safety diagnosis, technical service, etc. of public structures.

B. The Plaintiff was appointed as the Defendant’s director on July 15, 1994, but was appointed as the representative director on April 1, 1997, and thereafter resigned from the representative director on February 11, 2016.

Even after the resignation of the representative director, the plaintiff maintained the position of director, and retired from office of the defendant on March 18, 2018.

C. Article 31 of the Defendant’s articles of incorporation provides that “The retirement allowance of directors and auditors shall be governed by the provisions on payment of retirement allowances for executive officers as determined by a resolution of the general meeting of shareholders.” Accordingly, the Defendant’s provision on payment of retirement allowances for executive officers was enacted and implemented on December 2

Among the contents of the above provisions on payment of retirement allowances for officers, the contents of this case are as follows:

Article 3 (Grounds for Payment of Retirement Allowances) Retirement allowances for executives shall be paid when any of the following grounds arises:

(1) The retirement allowance of a registered officer shall be calculated [average wage (basic salary-class bonus)x payment rate of the number of years of his/her service] under Article 4 (Calculation of Retirement Allowances).

Article 5 (Calculation of Number of Years of Absence) (1) The term of office shall be from the date of appointment to the end of actual service.

(2) A period of less than one year shall be calculated monthly and a period of less than one month shall be calculated as one month.

(3) The monthly calculation shall be made even if the term of office is less than one year.

Article 6 (Calculation of Late-Term Registered Officers) Where a registered officer is reappointed for each position, it shall be based on average wages (basic pay bonus) at the time of his/her retirement.