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(영문) 서울중앙지방법원 2017.08.22 2016가단5092440
부당이득금
Text

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 was established on December 6, 2004 as a company with the aim of maintaining and repairing software and computers.

On December 6, 2004, the Plaintiff owned 49% of the shares of the Defendant Company as promoters at the time of establishment of the Defendant Company. From December 7, 2004, the Plaintiff retired from office on September 13, 2015.

According to Article 33 of the Articles of incorporation of the Defendant Company, “The remuneration or retirement allowance of executives shall be determined by the resolution of the general meeting of shareholders.” The main contents of the Defendant Company’s articles of incorporation, which was enacted through the resolution of the general meeting of shareholders on April 10, 2007, are as follows.

Article 2 (Scope of Application) This provision shall determine the scope of application as follows:

(1) A full-time officer shall be applicable.

(2) Officers means representative directors, directors and auditors appointed at a general meeting of shareholders, and matters concerning classification of officers shall be governed by the standards prescribed by the Commercial Act and other Acts and subordinate statutes.

(3) It shall be a person who holds office as an executive as of the date a general meeting of shareholders is held.

Retirement allowances for executive officers under Article 3 (Reasons for Payment) shall be paid when any of the following grounds arises:

(1) Retirement at the expiration of the term of office. (2) In the case of dismissal due to death during the term of office or other reasons corresponding thereto, the calculation of the number of years of office shall be made as follows:

(1) The term of office shall be from the appointment date to the end of actual service.

(2) The period of less than one year during which he/she holds office shall be calculated monthly, and a period of less than one month shall be calculated as one month.

(4) Where a person is reappointed after retirement or resignation at the expiration of the term of office, the period of previous retirement or resignation shall be added up.

Article 5 (Calculation of Retirement Allowances) The calculation of retirement allowances shall be based on the following subparagraphs:

(1) The calculation of retirement allowances for executive officers shall be [standard wages (regular non-regular benefits) ¡¿ the number of years of re-election x payment rate].

(2) The calculation of retirement allowances.

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