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(영문) 서울중앙지방법원 2019.02.14 2018가합502110
퇴직금 지급 청구
Text

1. The Defendant’s KRW 399,289,811 as well as annual 6% from February 4, 2017 to February 14, 2019, and the next day.

Reasons

1. Basic facts

A. The Defendant is a company running real estate leasing business and warehouse business, and the Plaintiff was appointed as the Defendant’s representative director on August 16, 200 while he was appointed as the Defendant’s director on March 18, 1994, but resigned on January 10, 2017, and was dismissed from the Defendant’s office on February 3, 2017.

B. Article 33 of the Defendant’s articles of incorporation provides that “The remuneration or retirement allowance of executives shall be determined by a resolution of the general meeting of shareholders.”

C. On December 30, 2006, the Defendant’s temporary general meeting of shareholders was held (hereinafter “instant general meeting of shareholders”) and a resolution was passed regarding the payment of retirement allowances for executives. In this regard, the minutes of the instant general meeting of shareholders are recorded as follows.

The retirement allowance of officers of the draft retirement allowance rules for officers of the bill No. 1 shall be paid differently for each service period according to the following amounts calculated on the basis of the Labor Standards Act, and the statement is approved by the unanimous consent of all members without any objection.

(1) Where the number of years of service is one year, retirement allowance under the Labor Standards Act 】 (2) where the number of years of service is 2-3 years, retirement allowance under the Labor Standards Act 】 where the number of years of service is 4 years or more, the amount not exceeding 4 times of retirement allowance under the Labor Standards Act 】 the amount not exceeding 4 times of retirement allowance under the Labor Standards Act

D. From February 1, 2006 (the registration of an executive of the certified transcript of corporate register of the defendant was completed on March 12, 2007), the defendant was in office as a director of the defendant, and paid 23,630,500 won as retirement allowance under the Labor Standards Act to C who resigned on May 15, 2008. From October 1, 2000, the defendant was in office as the defendant's director and resigned on July 1, 2015, paid 150,346,004 won as retirement allowance under the Labor Standards Act to D on July 1, 2015.

[Reasons for Recognition] In the event of no dispute, Gap evidence Nos. 1, 6, Eul evidence Nos. 8, 9, 10, 15.

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