1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Defendant is a company engaged in domestic and foreign trade business, building business, etc., and the Plaintiff is a non-registered director from March 1, 2008 to March 31, 2013, and a non-registered managing director from April 1, 2013 to September 30, 2015 without appointing a general meeting of shareholders of the Defendant.

B. On September 30, 2015, the Plaintiff prepared a written resignation to the effect that “I will resign as an individual reason,” and submitted it to the Defendant. On December 9, 2015, the Defendant paid the Plaintiff a retirement allowance of KRW 66,182,162 (the amount obtained by subtracting the withholding amount from retirement allowances of KRW 69,428,30).

C. On December 21, 2015, the Plaintiff filed an application for conciliation with the Busan District Court on the ground that there was a retirement allowance, etc. that was not received against the Defendant (2015 s.19135). However, the Plaintiff failed to make conciliation and implemented the instant lawsuit.

The defendant's articles of incorporation related to the remuneration of directors are as follows, and the defendant's current rules on the payment of retirement allowances for executive officers (hereinafter referred to as "current retirement allowance rules") enforced from January 1, 2014 are as specified in the current rules on the payment of retirement allowances for executive officers as specified in attached Table 1, and the defendant's rules on the payment of retirement allowances for executive officers before the amendment (hereinafter referred to as "Rules on retirement allowances before the amendment") enforced from December 31, 2013 are as specified in attached Table 2.

Article 29 (Appointment of Directors) (1) Directors shall be appointed at a general meeting of shareholders.

Article 30 (Term of Directorship) The term of office of director shall be three years.

However, if the term of office is terminated before the general shareholders' meeting is closed in respect of the last period for the settlement of accounts, the term shall be extended until the closing of the general meeting.

Article 39 (Remuneration and Retirement Allowance for Directors) (1) The remuneration of directors shall be determined by a resolution of a general meeting of shareholders.

(2) The payment of retirement allowances for directors shall be governed by the rules for the payment of retirement allowances for directors.

[Ground of recognition] Facts without dispute, Gap evidence 2 to 4, Eul evidence 1 to 4 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The Parties’ assertion.