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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. On February 24, 2014, the Defendant held a board of directors and made a resolution to pay KRW 60,000,000 for special merit to the Plaintiff (hereinafter “the resolution of the board of directors of this case”) by recognizing the Defendant’s efforts and achievements to contribute to the development of the Defendant during the period of service, which is the representative director, in relation to the retirement of the Plaintiff (hereinafter “the instant special merit award”).
B. Since February 26, 2014, the Plaintiff retired from the Defendant’s representative director.
[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-2, Gap evidence 4, the purport of the whole pleadings
2. Judgment on the plaintiff's assertion
A. According to Article 39(1) of the Defendant’s assertion of the Plaintiff’s articles of incorporation, remuneration for directors and auditors shall be determined by a resolution of the general meeting of shareholders. Accordingly, the Defendant passed a resolution to limit the total amount of remuneration limit to KRW 600,000,000 at the general meeting of shareholders held on March 15, 2013. The resolution of the board of directors of this case, which made the payment of the instant special bonus to the Plaintiff within the limit of KRW 600,000,000, shall be valid. Thus, the Defendant is obliged to pay the Plaintiff KRW 60,000 for the instant special bonus.
B. According to the purport of the argument in each of the statements in Gap 3, Eul 4, Eul 1, Eul 3-1, Eul 3-1, and Eul 3-1, the defendant's articles of incorporation provides that the remuneration of directors and auditors shall be determined by a resolution of the general meeting of shareholders. Paragraph (2) of the same Article provides that the payment of retirement allowances for directors and auditors shall be made by a resolution of the general meeting of shareholders. Accordingly, the defendant separates the rules on remuneration for executives and the rules on payment of retirement allowances for executives after the resolution of the general meeting of shareholders. The defendant is the main sentence of Article 5 of the former Rules on Payment of Retirement Allowances for Officers, and one year for retired executives.