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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Defendant Company is a corporation established on October 8, 1962 for the purpose of wholesale and processing business of fishery products, etc. and transferred on January 29, 2002 to C, etc., and D Co., Ltd. (hereinafter “D”) is a corporation established on August 1, 2002 by the Defendant’s representative director C for the purpose of fisheries and ocean fisheries.
From July 1, 2005 to July 1, 2006, the Plaintiff served as a non-registered executive officer and a vice president, and from July 1, 2006 to the Defendant Company as the president, the Plaintiff retired on March 1, 2013.
B. Of the D and the Defendant’s articles of incorporation, the provisions on payment of retirement allowances for officers, relevant to the instant claim are as follows.
[D] The remuneration of an officer or retirement allowance of an officer under Article 34 (Remuneration and Retirement Allowance) shall be determined by a resolution of the general meeting of shareholders.
[Articles of Incorporation of the Defendant] 32 (Remuneration and Retirement Consolation Money of Directors and Auditors)
1. Remuneration for directors and auditors shall be determined at a general meeting of shareholders;
2. The payment of retirement consolation benefits shall be governed by the provisions of officers' retirement allowances;
[Regulations on Payment of Retirement Allowances for Officers] The purpose of Article 1 (Purpose) is to stipulate matters concerning the payment of retirement allowances for officers of the company.
Article 2 (Scope of Application) (1) This provision shall apply to the directors (including auditors) or more who work in the Dispute Resolution Bank.
Article 4 (Calculation of Retirement Allowances for Officers) (1) The calculation of retirement allowances for officers shall be based on [average wages (final monthly wages) ¡¿ the number of years of service ¡¿ payment rate}.
(2) The payment rates shall be as follows:
Article 5 (Calculation of Re-employment Period) ① The term of office shall be from the date of appointment to the end date of the actual service. Article 5 (Calculation of Re-employment Period) ① The term of office shall be from the date of appointment to the end date of the actual service. The term of office shall be from the date of appointment to the date of the term of office.
(2) A period of less than one year shall be calculated on a monthly basis, and a period of less than one month shall be calculated as one month.
(3) The monthly calculation shall be made even if the term of office is less than one year.
Article 6. Reappointment.