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1. The defendant shall have the share certificates representing 16,407 shares of the defendant company (the face value of 5,000 common shares) to the plaintiff.
Reasons
1. Basic facts
A. The Defendant is a company with approximately KRW 86.2 billion in capital, the business purpose of which is to engage in financial investment business, etc., and the Plaintiff is an assistant director (expert member) on February 20, 2008 after entering the Defendant company on February 20, 2006, who sells and trades as a managing member from May 2013 to a managing member (specialized member), derivatives management team and strategic management team.
A person retired on December 31, 2016.
B. Around January 2014, Defendant Company implemented a system of deferment and recovery of piece rates as part of the company’s work of improving its physical constitution. On or around April 2014, the Plaintiff entered into a remuneration agreement with the Defendant (hereinafter “instant written consent”), which includes the following details, and set the applicable period from January 1, 2014 (hereinafter “instant fee agreement”).
① Method of payment of piece rates (1) The company shall pay in cash 50% of the annual performance rates in February of the following year and pay in equal annual 1/3 of the annual performance rates to stocks each year thereafter, and the company shall determine the payment of piece rates as deferred through the Personnel Committee in February every year. The amount for which payment is not finalized shall be the amount determined by the Personnel Committee in February every year. ② Where the company causes losses to the company due to the intentional or negligent illegal act committed by a joint company, not private ownership, and where the company is subject to disciplinary action in violation of the company regulations, the company may recover all or part of the determined stocks and pay, and where it is allowed to make a decision to pay the determined amount, the company shall not pay the deferred amount. In the case of voluntary retirement due to the non-voluntary reason for retirement, performance and contribution to the company during the term of office, the method of payment, and other terms and conditions through the Personnel Committee.
Defendant Company shall pay performance rates to the Plaintiff on 2013 and 2014.