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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant is a company with approximately KRW 86.2 billion of capital for business purpose, such as financial investment business, and the Plaintiff, who entered the former office of the Defendant Company on March 14, 2013, was in charge of the business of supervising the planning and management team as the head of the management support headquarters on May 23, 2013, and was retired on March 13, 2016, and served as the vice president registration officer until he/she resigned from office as a director on June 21, 2013.
B. Around April 2014, Defendant Company implemented a system of deferment and recovery of piece rates as part of the work of improving the physical constitution of the company. On or around April 2014, the Plaintiff entered into an agreement with the Defendant to receive the “written consent on the restructuring of the compensation system for executives (the reduction of benefits and the restructuring of the performance rate system)” (hereinafter “instant written consent”).
① Method of payment of piece rates (1) The company shall pay in cash 50% of the annual performance rates in February of the following year and pay in equal annual 1/3 of the annual performance rates to stocks each year thereafter, and the company shall determine the payment of piece rates as deferred through the Personnel Committee in February every year. The amount for which payment is not finalized shall be the amount determined by the Personnel Committee in February every year. ② Where the company causes losses to the company due to the intentional or negligent illegal act committed by a joint company, not private ownership, and where the company is subject to disciplinary action in violation of the company regulations, the company may recover all or part of the determined stocks and pay, and where it is allowed to make a decision to pay the determined amount, the company shall not pay the deferred amount. In the case of voluntary retirement due to the non-voluntary reason for retirement, performance and contribution to the company during the term of office, the method of payment, and other terms and conditions through the Personnel Committee.
Defendant Company obtained approximately 18.2 billion won per net profit in 2014.
The performance rates set to the plaintiff with respect to the performance of the year 2014 are the same.