(영문) 서울동부지방법원 2016.11.18 2015가단122489

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(영문) 서울동부지방법원 2016.11.18 2015가단122489

장기성과급 청구의 소

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On June 10, 1985, the Plaintiff joined the Defendant Company and retired from office as the Defendant’s regular business from January 201 to December 5, 2013, and the next day was in office as the Defendant’s non-standing management consulting station.

B. At the time of the Plaintiff’s retirement, the Defendant calculated his/her business performance for three years from 2011 to 2013 and notified the Plaintiff that his/her long-term performance should be paid 50% as of the end of June 2014, 2015, 25% as of the end of January 2015, and 25% as of the end of January 2016, and the total amount of the long-term performance payment was determined as KRW 184.8 million as of March 2014.

Accordingly, on May 2, 2014, the Defendant paid KRW 92.4 million to the Plaintiff, which is 50% of the long-term performance wage.

C. After that, around January 2015, the Plaintiff moved to the vice president of D (State) (hereinafter “D”) who is the Korean branch of C (State) (hereinafter “C”) (hereinafter “C”), and was appointed as the representative director on July 1, 2015. The Defendant refused the payment of the remaining long-term performance rating on the ground that the Plaintiff transferred to the vice president of D, who is the competitor, with the Defendant Company.

Business Delegation Agreement between the Plaintiff and the Defendant, such as the instant provision

3. The Defendant’s remuneration and treatment shall pay the Plaintiff KRW 1770,000 per annum to the Plaintiff for the performance of delegated duties during the delegation period, and the Plaintiff shall bear the relevant taxes, etc.

4. Other details not specified in this Agreement shall be subject to the provisions relating to the Defendant’s officers, such as the rules of officer treatment.

Article 2(1) of the Regulations on the Treatment of Executive Officers shall apply to executive officers who are in a position higher than the regular director from among persons who are delegated by the Company to handle certain affairs. Article 6 (Remuneration Company shall determine and pay remuneration for the performance of delegated affairs in consideration of the nature of delegated affairs, the results of delegated affairs, and the performance of delegated affairs for a certain period or longer, shall pay retirement allowances at the time of retirement, and at will of the Company's discretion,

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