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1. The defendant's KRW 153,600,000 for the plaintiff and 5% per annum from March 17, 2020 to December 8, 2020, and the following.
Reasons
Basic Facts
From March 8, 2006 to March 21, 2015 (hereinafter referred to as “the first term of office”), the Plaintiff served as the head of the Defendant Cooperative (hereinafter referred to as “the second term of office”) from November 24, 2016 to March 21, 2019.
The Defendant, on March 18, 2019, notified the convening of the board of directors to its directors and held a board of directors (hereinafter “board of directors of this case”) on March 19, 2019, to pay KRW 57,600,000 (=4,800,000 x 12 months x 12-month) with special merit pay (which shall be the merit pay paid when a union head has held office for not less than eight years) upon the Plaintiff’s retirement from office as the president of the association (in the case of the president of the association who has retired due to the expiration of the term of office or other reasons, the amount obtained by multiplying the standard payment rate by 8). The Defendant resolved to pay KRW 96,00,00,000 for each year of office by the principal salary (=4,80,000,000 x 8 years x 2.5 x 8).
The board of directors of the instant case adopted the Defendant’s “Rules on Officers’ Remuneration and Compensation for Actual Expenses” (hereinafter “Rules of this case”) with the payment rate of retirement bonus from “2” to “8,” and passed the instant resolution to pay retirement bonus by applying the revised payment rate to the Plaintiff.
[Based on the facts without dispute, Gap evidence Nos. 2 and 3 (if there are serial numbers, including each serial number; hereinafter the same shall apply), and the facts of the above recognition as to the cause of the claim to determine the purport of the whole pleadings, the defendant is obligated to pay the plaintiff the amount of KRW 57,60,000 as special merit pay, KRW 96,00 as retirement merit pay, KRW 153,60,000 as retirement merit pay, and damages for delay.
The defendant's assertion as to the defendant's assertion was confirmed on March 16, 2019 by the election of the head of the defendant's cooperative, and the period of the defeat has expired on March 21, 2019, and the convocation of the board of directors was notified on March 18, 2019, and the next day has passed.