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(영문) 서울중앙지방법원 2017.05.18 2016가합539170
보수금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

Basic Facts

On March 23, 2012, the Plaintiff entered into a contract with the Defendant to set the contract term as two years from March 23, 2012 to March 22, 2014, including that the Plaintiff would receive remuneration within the amount of remuneration set by the resolution of the board of directors on June 23, 2012 (hereinafter “instant commissioning contract”).

On June 23, 2012, the Defendant passed a resolution of the board of directors on June 23, 2012 that the upper limit of remuneration for the year 2012 is KRW 600 million per annual salary, and the basic salary is 1/2.

The Plaintiff worked as the Defendant’s internal director from March 23, 2012 to January 8, 2014.

[Grounds for recognition: Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings, and the purport of the argument of the plaintiff's assertion] The defendant is obligated to pay 300 million won of the basic annual salary in 2012 to the plaintiff according to the commission contract of this case. Thus, the defendant is entitled to pay 150 million won of the above remuneration as part of the above remuneration.

Since the Defendant borrowed KRW 310 million from the Plaintiff from March 2012 to April 2012, the Defendant sought payment of KRW 150 million as part of the borrowed money.

Judgment

In full view of the records in subparagraph 1 (the minutes of the board of directors and some of them are evidence No. 2) and the overall purport of the pleadings, the following facts can be acknowledged.

In the resolution of the board of directors on June 23, 2012, the defendant decided that "no monthly wage claims exist until the payment of the above monthly wages is possible due to the normalization of the exercise of the company's salary proposal, including the plaintiff, and the basic salary can be paid when one year has passed from the date of appointment in the event the company performed its duties on its behalf and achieved its performance in accordance with "the implementation proposal of the standards for the payment of executive salary".

The "Plan for the Payment of Officers' Benefits" is the first year of the launch of a new management, and the normal event income occurs on the basis of the fact that the management performance is very poor according to the current corporate environment.

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