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(영문) 서울고등법원 2015.09.18 2015나2004397
퇴직금 등
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Basic facts and

2. The grounds for the court’s explanation on this part of the parties’ assertion are as stated in each corresponding part of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure

3. Determination as to the cause of action

A. In full view of the following: (a) whether the changed rate of retirement pay for the entire continuous service period is applicable to the claim for retirement pay; (b) evidence Nos. 5 and 36; and (c) evidence Nos. 27; and (c) evidence and arguments by witnesses at the trial, Article 40(2) of the Defendant’s articles of incorporation provides that “the payment of retirement pay for directors and auditors shall be governed by the rules on the payment of retirement pay for executives which have gone through the resolution of the general meeting of shareholders; (c) on March 30, 2012, there was a discussion that the Plaintiff’s payment rate of retirement pay for the Plaintiff from March 30, 2012 to one-month average pay for each one-month period from March 5, 2012 to the next meeting of the board of directors; and (d) the amended provisions on the payment rate of retirement pay for executives from March 17, 2012 to 10 months before the average payment rate of retirement pay for executives shall be revised to 214%.

Retirement allowances of directors may be determined by the articles of incorporation or by a resolution of the general meeting of shareholders, which include remuneration provided for in Article 388 of the Commercial Act, and such right to claim retirement allowances shall be governed by the articles of incorporation or

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