보수금
1. The judgment of the court of first instance, including the Plaintiff (Counterclaim Defendant)’s claim on the principal lawsuit expanded by the trial court, is as follows.
1. 【Ground for recognition of the fact of recognition】 The fact that there exists no dispute, entry of Eul's evidence No. 1, and the purport of whole pleadings;
A. Since the Plaintiff was appointed as a registration director of the Defendant Company, who runs the business of sports promotion betting tickets, etc. on March 31, 2003, the Plaintiff was engaged in the business of operating external goods, building systems, and marketing operations. On March 29, 2012, the Plaintiff has been reappointed as an internal director.
B. On June 20, 2012, the Plaintiff issued a blank and a certificate of personal seal affixed with the Plaintiff’s seal affixed to the Defendant Company through the Defendant Company’s auditor D, based on this, the Defendant Company dismissed and handled the Plaintiff on June 30, 2012, and completed the Plaintiff’s resignation registration on July 3, 2012.
2. Determination as to the claim on the principal lawsuit
A. On April 2012, 2012, the Plaintiff’s claim for remuneration (from July 1, 2012 to March 29, 2015) was revealed that the Defendant Company’s occupational embezzlement, which was a director of the Defendant Company, was revealed, and the Plaintiff received money from the Defendant Company internally acquired money from C as an occupational embezzlement. Accordingly, the Plaintiff issued a blank and a certificate of personal seal affixed with the Plaintiff’s seal impression to the effect that the Plaintiff’s existence is guaranteed to the Defendant Company. Although the Plaintiff did not express his/her intent to resign, the Defendant Company arbitrarily resigneded the Plaintiff’s name in the aforesaid blank (Article 12-1, hereinafter “instant resignation”).
(2) On June 30, 2012, the Defendant Company prepared a retirement pension plan for the Plaintiff and dismissed the Plaintiff on June 30, 2012. Therefore, the Defendant Company paid the Plaintiff the total amount of KRW 1,811,150,110,00,000, which is the day following the date on which the said resignation is handled, to March 29, 2015. (2) A claim for unpaid retirement allowances (from January 1, 2012 to June 30, 2012) (from January 1, 2012 to June 30, 201), and the Defendant Company paid only the retirement pension plan for the Plaintiff and did not pay the retirement pension plan even after the resignation of the Plaintiff as of June 30, 2012.
Therefore, the Defendant Company’s retirement allowances of KRW 164,650,008 corresponding to the service period from January 1, 2012 to June 30, 2012 to the Plaintiff.