1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a corporation that solicits and forms private equity funds, manages and receives management fees as an executive partner, and receives contingent remuneration when excess profits accrue.

Around May 2012, the defendant was appointed as an adviser of the plaintiff and was employed as the representative director of the plaintiff from June 26, 2013 to June 26, 2016.

B. Of the Plaintiff’s articles of association, board of directors, and personnel regulations, the parts relating to the instant case are as follows.

Article 42 (Remuneration for Director and Retirement Allowance) (1) The remuneration of director shall be determined by a resolution of a general meeting of shareholders.

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

Article 7 [Supplementary Matters] (1) Matters to be referred to the board of directors shall be as follows:

6. Remuneration of a registered executive officer following a decision on the limit of remuneration passed at a general meeting of shareholders; Article 3 of the Personnel Management Regulations (1) The representative director shall make a decision on personnel affairs, such as appointment, dismissal, promotion, movement, temporary retirement, reinstatement, and salary;

Article 37 [Purpose] There shall be established a personnel committee to deliberate on matters to be consulted by the representative director on personnel affairs.

Article 39 (Matters to be deliberated) The Committee shall deliberate on the following matters:

1. Matters concerning the employment, promotion, appointment and dismissal, commendation, disciplinary action, and dismissal of employees;

4. Other matters for consultation with the representative director on personnel affairs.

C. In the event that a private equity fund is formed, the Plaintiff paid the fund performance rates to the executives and employees participating in the formation of the fund, and paid the fund performance rates to the executives and employees participating in the management of the fund if any excess profit arises from the management of the fund.

The plaintiff's guidelines for performance rates (hereinafter referred to as "in this case's guidelines for performance rates") enforced from April 1, 2014 to October 30, 2016 shall be as specified in the attached Table.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 5 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's assertion that the defendant holds office as the representative director of the plaintiff.