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(영문) 부산고등법원 2017.04.12 2016나264
손해배상(기)등
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

Basic Facts

The plaintiff was established on August 16, 200 for the purpose of wholesale and consignment sale of agricultural products, and the total number of shares issued is 300,000.

The officer of the plaintiff was appointed from among all shareholders.

The defendant holds 33,00 shares issued by the plaintiff (11%).

On March 29, 2002, the Defendant resigned from the Plaintiff’s position as the director on the same day, again retired from office on March 31, 2016, and retired from office on March 31, 2016. During that period, the Defendant served as the representative director from March 31, 2008 to March 31, 2013, and re-appointed as the director on May 19, 2016.

On March 31, 2016, the Defendant seems to have not received retirement allowances while retiring from office.

The defendant received performance bonuses and special bonuses from the plaintiff during the business year (2008 to 2012) in which the defendant was working as representative director during the period of the defendant's representative director's employment, and the defendant received performance bonuses and special bonuses from the plaintiff as shown below.

(1) The Defendant: (a) applied the following table to the 20-year bonus (hereinafter referred to as “this case bonus”); (b) 16,000,000 on August 28, 2008; (c) 30-year interim payment of KRW 16,00,000 on December 16, 2008; and (d) 16,00,000,000 on December 17, 2009 to the 20-year interim payment of KRW 30-year interim payment of KRW 16,00,000 on December 17, 2009; and (d) 20-year interim payment of KRW 16,00,000 on December 16, 200, 2000; and (e) the Defendant received 30-year interim payment of KRW 10,500 on December 15, 2010; and

The defendant applied for interim settlement of retirement pay around April 201 when he/she was employed as the representative director of the plaintiff and applied for interim settlement of retirement pay from the plaintiff on April 28, 2011 = 132,403,833 won under the pretext of interim settlement of retirement pay = 7,925,00 won per month 】 the number of years of continuous service.

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