Facts of recognition

The parties concerned are companies engaged in interim waste disposal business, etc.

From March 10, 2010, while the Plaintiff was holding the Defendant’s representative director and in-house director concurrently from around December 20, 2012, the Plaintiff resigned from the office of representative director on December 20, 2012, and maintained only in-house directors who are full-time directors, and retired from the office on June 30, 2013.

The Plaintiff, at the end of May 2013 from the beginning of June 2013 to the beginning of June 1, 2013, concurrently served as the representative director and in-house director C (from March 10, 2010 to June 1, 2013, and from March 10, 2010 to December 20, 2012, the Plaintiff transferred the management right to D by transferring a majority of the shares of the Defendant.

D was appointed as the representative director of the defendant on June 1, 2013.

On December 21, 201, the Defendant approved the rules on the payment of retirement allowances to executives and the rules on the payment of retirement allowances to the Plaintiff. The main contents of the above rules are as follows.

Article 2 (Calculation of Period of Service) of the Regulations on the Payment of Retirement Allowances for Officers (Calculation of Period of Service) (2) The period of service shall be calculated by the calendar from the date of appointment, and a fraction less than one year shall be calculated by

The number of less than one year to be established shall be at least six months if it is at least six months, and it shall be six months if it is less than six months.

Article 3 (Calculation of Retirement Allowances) (1) The amount of a retirement allowance shall be as at the time of retirement (amount of calculation of retirement allowance ¡¿ calculation standard amount of continuous service x base payment rate)

Provided, That with respect to six months of continuous service, 1/2 of the base payment rate shall apply.

(2) The amount of calculation standards for retirement allowances seems to be clearly clerical error in “three-day” as stated in the evidence No. 4 of the three months before the date of retirement.

The amount shall be the sum of the monthly average of the salaries, bonuses, and other payments among them.

(3) The standard payment rate of retirement allowances for the representative director: Where several positions are reappointed as a standing executive under Article 6, each position shall be based on the amount of calculation standards of retirement allowances as at the time of retirement.