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1. The Defendant’s KRW 26,296,205 as well as 5% per annum from February 22, 2013 to July 29, 2013 to the Plaintiff.
Reasons
1. Basic facts
A. On September 1, 2008, the Plaintiff joined the Defendant Company as a managing director, and on June 28, 2012, the Plaintiff retired on February 21, 2013.
B. The Defendant Company divided the period of service as a managing director (1,172 days) and a representative director (235 days) without adding the period of service. ② The Defendant Company calculated the Plaintiff’s retirement allowance by the method of multiplying the number of days of service by the number of days of service, and calculated the Plaintiff’s retirement allowance by the number of days of service as a managing director (208,791.21 won, 304,347.82 won, 304, 347.82 won, 5,87, 710 won (4, 475, 710 won, 4750 won, 475, 710 won, 7333 won, monthly salary: 9,3330 won): The amount of monthly average wage (208,791.21 won, 304, 304, 347.82 won) for the Plaintiff on April 30, 2013.
[Reasons for Recognition] Facts that there is no dispute between the parties, evidence Nos. 2 through 5, evidence No. 1, and the purport of the whole pleadings
2. Determination:
A. According to the “Rules on Payment of Retirement Allowances for Officers” of the Defendant Company (hereinafter “instant Provisions”), the Plaintiff asserts that the Defendant is liable to pay 26,296,205 won and damages for delay, which are the remaining amount of retirement pay payable to the Plaintiff, based on the average wage (basic salary) at the time of retirement, multiplied by the period of service calculated on a monthly basis for the two-month period of service, which is calculated on the basis of the average wage at the time of retirement. However, the Defendant Company paid KRW 82,173,915, which is the sum calculated on a monthly basis, to the extent that it arbitrarily calculated and paid KRW 5,87,710.
B. The purpose of this case is to provide for the basic matters regarding retirement allowances to be paid to the directors and auditors pursuant to Article 43 of the articles of incorporation.
Article 2 [Scope of Application]
1. These provisions shall be of full-time directors and auditors appointed at a general meeting of shareholders;