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(영문) 서울남부지방법원 2017.08.18 2017가합102274
임금
Text

1. As to KRW 279,99,993 and its KRW 60,00,00 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 279,99,993. From August 1, 2015 to November 15, 2016.

Reasons

1. Basic facts

A. Promoters C, D, E, and F (hereinafter “Defendant Promoters”) held a general meeting of promoters on June 24, 2014 and established the Defendant, and appointed the Plaintiff as an auditor.

B. After November 2, 2015, the Defendant decided to hold a special general meeting of shareholders to abolish the audit system and to dismiss the Plaintiff from the audit.

C. On October 10, 2016, the Plaintiff urged the Defendant to pay a total of KRW 295,00,010 for audit remuneration and retirement allowances.

The defendant's provisions on remuneration for executive officers in relation to the case are as follows.

Article 2 (Limits on and Payment of Remuneration for Directors and Auditors) This provision shall apply until a separate provision is enacted at a general meeting of shareholders.

4. Auditor: Article 4 (Calculation of Retirement Allowances) (1) The auditor's calculation of retirement allowances shall be [average wage (basic gold bonus) ¡¿ the payment rate of his/her service x the amount of his/her service x the amount of his/her service x the last day of his/her actual service from the date of appointment to the date of his/her actual service.

(2) A period of less than one year shall be calculated monthly, and a period of less than one month shall be calculated as one month.

(3) The tenure of office shall be calculated by a month even if it is less than one year.

Article 8 (Payment of Monthly Wage for Retirement) The full amount of the relevant monthly salary shall be paid regardless of the number of working days.

[Reasons for Recognition] Unsatisfy, Gap 1, 6 (including each number in case of additional number; hereinafter the same shall apply), Eul 1, 8, 18, the purport of the whole pleadings

2. The parties' assertion

A. The Defendant’s promoters, on June 24, 2014, requested that the Plaintiff be audited (one year’s annual remuneration of KRW 60 million, annual remuneration of KRW 80 million, annual remuneration of KRW 20 million). The Plaintiff accepted the said request and served as the Defendant’s auditor from June 24, 2014, and the Defendant did not pay the audit remuneration from June 24, 2014 to November 2, 2015 to the Plaintiff. (ii) The Plaintiff was guaranteed three years of office while the Defendant was appointed as the Defendant’s auditor, and the Defendant held a temporary shareholders’ meeting on November 2, 2015.

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