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(영문) 서울동부지방법원 2018.06.20 2017가단9313
임금 등
Text

1. The Defendant paid KRW 38,831,327 to the Plaintiff KRW 5% per annum from May 19, 2017 to June 20, 2018.

Reasons

1. Basic facts

A. On June 24, 2015, the Plaintiff was appointed as the Defendant’s representative director.

At the time of the appointment of the representative director, the remuneration agreed with the defendant is KRW 2,000,000 per month.

B. On July 15, 2015, the Plaintiff received benefits of KRW 1,092,850 (which was 15 days’ work experience) from the Defendant, and thereafter received benefits of KRW 16,00,000 in total from July 16, 2015 to January 9, 2017.

C. On November 28, 2016, the Plaintiff filed an application for bankruptcy with the Cheongju District Court 2016Hau7. D.

The plaintiff was dismissed from office at the temporary shareholders' meeting held on January 9, 2017.

(e) The provisions of the defendant's articles of incorporation concerning remuneration and retirement allowances for executives are as follows:

Article 31 (Remuneration for Directors and Auditors) The remuneration for directors and auditors shall be determined by a resolution of the general meeting of shareholders and by the rules on the payment of retirement allowances for directors and auditors shall apply.

[Reasons for Recognition] Facts without dispute, Gap 1, 2 evidence, Eul 3 and 7 evidence, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff asserts that the Defendant paid KRW 4,000,000 per month as salary from September 2016.

According to the defendant's articles of incorporation, the remuneration of directors is determined by a resolution of the general meeting of shareholders.

As alleged by the Plaintiff, there is no evidence to prove that there was a resolution of the general meeting of shareholders on the payment of KRW 4,00,000 per month, and there is no reason to claim the increased remuneration.

The Plaintiff’s benefits are KRW 2,00,000 per month, and the Defendant’s benefits to be paid to the Plaintiff from July 16, 2015 to January 9, 2017 (the benefits paid from June 24, 2015 to July 15, 2015 were settled) are the total amount of KRW 35,548,387.

The Plaintiff received 16,00,000 won as the above-term benefit, and the Defendant is obligated to pay the unpaid benefits to the Plaintiff 19,548,387 won (35,548,387 won - 16,000,000 won).

The plaintiff's assertion is justified within the scope of the above recognition.

B. The Plaintiff’s claim for retirement allowance shall pay the Plaintiff a retirement allowance of KRW 6,164,346.

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