보수금 등 청구
1. The part of the first instance judgment against the Plaintiff corresponding to the amount ordered to be paid below shall be revoked.
The defendant.
1. Basic facts
A. On July 23, 2012, the Defendant is a stock company established for the purpose of marine passenger and cargo transport business, and operates Q Q as a passenger ship on the P service route.
B. From September 10, 2013 to February 28, 2018, the Plaintiff served for the Defendant Company with the position of the president.
[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1, 10, 58, Eul evidence No. 2, the purport of the whole pleadings
2. The portion on which executive officers' claims for remuneration and retirement allowances are made ( rejected);
A. The plaintiff's assertion ① The plaintiff served in the defendant company as the president of the management who is an executive officer, and the remuneration of the president of the defendant company is KRW 9,965,140 per month, and the defendant did not pay the remuneration and retirement allowance to the plaintiff.
Therefore, the Defendant is obligated to pay the Plaintiff remuneration of KRW 548,082,70 from around September 2013 to March 2018, and retirement allowance of KRW 44,843,130 from around March 2018. The Plaintiff seeks payment of the Plaintiff’s unpaid remuneration of KRW 358,745,040 (Remuneration from April 2015 to March 2018), the sum of KRW 44,843,130, and delayed damages of KRW 403,58,170, which are the sum of the aforementioned unpaid remuneration.
② The Plaintiff agreed with the Defendant that the Plaintiff was entrusted with the purchase of ships, employment, and financing of the employees, and that the Plaintiff was paid remuneration.
Therefore, the Defendant is obligated to pay KRW 592,925,830 as remuneration under the delegation contract to the Plaintiff. As part of the Plaintiff’s payment to the Defendant, the Plaintiff sought payment of KRW 403,58,170 and delayed damages.
B. In cases where the articles of incorporation, etc. of a stock company’s judgment on the assertion (1) provides that the remuneration or retirement allowance of directors shall be determined by a resolution of the general meeting of shareholders, barring any evidence to prove that there was a resolution of the general meeting of shareholders on the amount, payment method, and payment time, etc. of such amount, the right to claim remuneration or retirement allowance of directors may not be exercised (see, e.g., Supreme Court Decision 2004Da25123, Dec. 10, 2004). The fact that the