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(영문) 서울남부지방법원 2018.08.09 2017가합109152
대여금
Text

1. The Defendant’s KRW 89,181,435 as well as the Plaintiff’s annual rate from August 31, 2017 to August 9, 2018, and the following.

Reasons

1. Basic facts

A. The relationship 1) The Plaintiff is the Defendant’s representative director C’s fraud. The Plaintiff worked as the Defendant’s director and in-house director from November 19, 2002 to April 30, 2017. 2) The Defendant’s articles of incorporation, which was enforced by the time when the Plaintiff resigned from the Defendant’s in-house director, sets forth as follows with respect to retirement allowances for officers:

(1) The retirement allowance of an executive officer of a company shall not exceed 600% per annum in the amount of monthly wages when he/she retires within five years from the date of his/her employment, and shall not exceed 1200% per annum in the amount of monthly wages when he/she retires after his/her continuous service for at least five years.

In addition, the bonus of executive officers shall not exceed 1200% per annum on the monthly wage.

(2) The payment of retirement allowances to officers shall be governed by the separate rules of retirement allowances adopted by a resolution of the general meeting of shareholders.

(3) The calculation of retirement allowances for officers shall be based on the following formula:

[10% of the total amount of annual salary (basic salary) before retirement x number of years of continuous service x payment rate] (4) The retirement allowance payment rate is as follows:

The balance after deducting the total expenditure from the total revenue of the total revenue of Article 36 (Disposition of Income) shall be disposed of as profits during the period of holding office between 1 and 5 years and 600% for not less than 5 years, and 1200% for the total amount of expenditure, as follows:

7. The retirement allowances of executives shall be paid by up to 1200% of the monthly allowances;

B. On December 6, 2012, the Defendant purchased the land from D on December 6, 2012, the Defendant purchased the land of KRW 2,136 square meters of E factory site and its ground (i) KRW 1,150,000 square meters of 196.56 square meters of the 1st floor of the 1st floor of the f, G, G, G, G, G, dong, sand site location plate, and 196.56 square meters of the 1st floor of the 1st floor of the 13.11 square meters of the 1st floor of the Hadong-ho, sand position plate, and the 190.0 square meters of the 1st floor of the 190,000 square meters of the 1st floor of the 1st,150,000,000 of the 1st floor of the 1st,00 square meters of the 1st,50,000.

[Reasons for Recognition] There is no dispute, Gap evidence Nos. 1 to 4, 6, and Eul evidence No. 1.

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