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(영문) 대전지방법원 논산지원 2021.01.13 2020가합63
퇴직금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

A. The Defendant is a stock company established for the purpose of distributing, processing, selling agricultural products (Capital 250,000,000) and the Plaintiff was registered as a representative director on the certificate of registration entered in the Defendant corporation by February 5, 2020.

On November 30, 2017, the defendant's minutes of the shareholders' meeting (three shareholders' total number, two shareholders present, 50,000 shares, and 39,990 shares present.

The minutes of this case (hereinafter referred to as “the minutes of this case”) contain the following: (a) a resolution was made to establish a new provision that provides at least a director with the following major provisions for retirement allowances (hereinafter referred to as “resolution of this case”).

Article 4 of the Regulations on Payment of Retirement Allowances for Officers (Calculation of Retirement Benefits)

1. The calculation of retirement allowances for executive officers is [the annual salary (basic bonus) for the immediately preceding retirement year*1/10* the number of years of service* the rate of continuous service payment* the rate of duty payment];].

The fact that there is no dispute over the three multiple Category C C 80% of the grade B B by not less than 20 but not more than 150% of the grade A 150% of the grade B by not less than 10-20 of the annual rate of payment for continuous service year, and the purport of the whole pleadings, each entry of Category A 1, No. 1, No. 3, and No. 6 (including branch numbers), and the purport of the whole pleadings.

2. The parties' assertion

A. The Plaintiff’s assertion was made on October 2, 2009 to retire on March 13, 2020 when the Defendant’s representative director was in office between 11 and 5 months.

Therefore, the Defendant is obligated to pay to the Plaintiff a retirement allowance of KRW 410,976,00 (=Plaintiff’s annual salary of KRW 72,00,000 x 1/10 x (3) x (5/12 in continuous service) x (5 times the payment rate of continuous service x the amount of retirement allowance of 10% x the amount of retirement allowance of 10%) according to the above provision on the payment of retirement allowances for officers and employees, and damages for delay.

B. The defendant's assertion is merely a person registered as a representative director in the form of a relationship that the defendant's actual manager C was in bad credit standing, but did not perform business affairs, not the defendant's actual representative director.

Therefore, the defendant is not obligated to pay retirement allowances to the plaintiff.

In addition, the defendant's articles of incorporation.

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