(영문) 대구지방법원 2018.04.06 2017가단6884

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(영문) 대구지방법원 2018.04.06 2017가단6884

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1. The Defendant’s KRW 13,79,110 for the Plaintiff and KRW 5% per annum from March 28, 2017 to April 6, 2018.

Reasons

1. Basic facts

A. The defendant is a company that manufactures automobile parts, etc.

The Plaintiff served as the representative director of the Defendant Company from August 20, 2012 to October 10, 2016.

B. Relevant parts of the articles of incorporation of the defendant company are as follows.

Article 36 (Remuneration for Executive Officers and Retirement Allowance) (1) The remuneration for executive officers shall be determined by a resolution of a general meeting of shareholders.

Provided, That in the event of an officer who concurrently performs the duties of an employee, remuneration for the duties of an employee shall be equivalent to that of other employees.

(2) The payment of retirement allowances for executive officers shall be made by a resolution of the general meeting of shareholders.

(3) The retirement allowances under the preceding paragraph shall be at least the amount prescribed in the Minimum Labor Standards Act.

Article 40 (Resolution of Board of Directors) The board of directors shall resolve the following matters:

6. Rent of funds: Provided, That a certain scope may be prescribed by a separate provision and delegated to the representative director;

Article 41 (Resolution of Board of Directors) (1) The method of resolution of the board of directors shall be the attendance of a majority of directors and present.

(2) Directors who have special interests in the resolution of board of directors shall not exercise their voting rights.

C. The details of the Plaintiff’s investment deposit and withdrawal (Evidence A2) prepared by C, which was in charge of accounting affairs by the Defendant Company, around December 2015, are as follows.

D [Ground for Recognition] Facts without dispute, Gap evidence Nos. 2, 9, 10, and 16, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the Defendant: (a) paid to the Plaintiff the unpaid amount of KRW 50 million; (b) the unpaid amount of KRW 12,494,260 on the monthly wage for January, February, and March, 2016; (c) retirement allowances of KRW 20,625,219; and (d) the Plaintiff’s early withdrawal from the office, thereby paying KRW 1,304,850 to the Plaintiff.

B. The defendant's assertion that the defendant is not liable for the provisional collection against the plaintiff.

In addition, since the plaintiff was the representative director of the defendant company, there was no provision that the plaintiff should pay the plaintiff to the articles of incorporation of the defendant company, or there was no resolution of the general meeting of shareholders, so the plaintiff's wage claim and retirement allowance

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