1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. From March 1, 2014 to October 31, 2014, the Plaintiff served as the Defendant’s representative director and the delivery engineer, and thereafter, was registered as the representative director on the Defendant’s corporate register until July 30, 2015.

B. On November 3, 2014, the Plaintiff: (a) agreed to borrow KRW 30,00,000 from the Plaintiff as of November 3, 2014 as to the acquisition price of the Defendant’s shares owned by C; and (b) loan KRW 10,00,000 from the Plaintiff; (c) provided a guarantee agreement; and (d) took measures such as holding a passbook for deposit by the Plaintiff; and (e) drafted a loan certificate to transfer the Plaintiff’s shares to C upon full payment of the loan amount.

C. C was appointed as the representative director of the Defendant on July 15, 2015.

[Ground of recognition] Facts without dispute, entry of evidence No. 2, purport of the whole pleadings

2. The parties' assertion

A. At the time of the Plaintiff’s holding office as the Defendant’s representative director, the remuneration under Article 30 of the Defendant’s Articles of Incorporation was KRW 3,00,000 per month, and the monthly wage was increased to KRW 7,50,000 on March 1, 2015, and the Defendant did not pay the unpaid remuneration from November 1, 2014. As such, the unpaid remuneration was KRW 49,50,000 (=3,00,000 x 4 months x 7,500,000 x 5 months). The retirement allowance based thereon is KRW 7,50,000,00.

Meanwhile, the Defendant did not pay the benefits to the Plaintiff during the period of the Plaintiff’s concurrently holding office as a delivery engineer. Accordingly, the unpaid benefits amounting to KRW 16,000,000 (=the minimum monthly wage of the Defendant’s accounting staff 2,00,000 x 8 months).

Therefore, the defendant is obligated to pay to the plaintiff the total sum of KRW 73,000,000 and damages for delay.

B. The Plaintiff and the Defendant C, from March 2014, operated the Defendant as a partnership business, provided that the Plaintiff was paid benefits while serving as a representative director and a delivery agent. On October 2014, the Plaintiff agreed to resolve the partnership and to accept the entire Plaintiff’s shares from November 1, 2014, and that C will take over the Plaintiff’s shares.