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(영문) 대구지방법원 2019.08.13 2018가단106613
기타(금전)
Text

1. The Defendant: (a) KRW 85,834,675 for the Plaintiff and KRW 5% per annum from April 5, 2016 to March 19, 2018; and (b) March 20, 2018 for the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff served as the auditor of the Defendant Company from February 1, 2006 to March 21, 2016.

B. A total of KRW 10,200,000 is paid for the Plaintiff’s three months before the Plaintiff’s retirement (from December 22, 2015 to March 21, 2016). The Defendant Company paid KRW 40,104,750 to the Plaintiff based thereon.

C. Article 35 of the Articles of incorporation of the Defendant Company provides that “The remuneration of directors and auditors of this Company shall be determined by a resolution of the general meeting of shareholders.” The Defendant Company held a general meeting of temporary shareholders on December 23, 201 and stipulated a provision on the payment of retirement allowances for executives. The main contents are as follows.

Article 2 [Subject to Payment] Shall apply to full-time directors and auditors elected at a general meeting of shareholders and registered in a certified copy of the register at the time of retirement.

Article 3 [Calculation] (1) Retirement allowances shall be the amount calculated by multiplying the average remuneration for three months at the time of retirement by the number of years of service and the rate of payment.

(2) Payment rate: Auditors-3 months (calculated of re-period) and the period of office shall be calculated from the month in which a full-time executive is appointed to the month in which he/she retires, and a period of less than six months shall be calculated as six months, while a period of less than six months but less than one year shall be calculated as one year.

The Defendant Company amended the Articles of Incorporation on June 13, 2014, and Article 37 of the amended Articles of Incorporation provides that “The remuneration of an officer shall be determined by the resolution of the general meeting of shareholders: Provided, That in the event of an officer who concurrently engages in the duties of an employee, remuneration for the duties of an employee shall be equivalent to that of other employees. The payment of retirement allowances for an officer shall be governed by the rules of payment of retirement allowances for officers which have passed a resolution of the general meeting of shareholders. The

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, 2-2, Eul evidence 1-1, 2, 5-2, and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant company is determined by the general meeting of shareholders on December 23, 201, except in extenuating circumstances.

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