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(영문) 서울중앙지방법원 2017.09.26 2015가합525662
퇴직금 청구의 소
Text

1. The Defendant’s KRW 70,808,00 for the Plaintiff and 5% per annum from May 12, 2015 to September 26, 2017.

Reasons

. On December 2, 198, its trade name was changed to E Company;

hereinafter referred to as “E”

(2) The purpose of Article 1(1) of the Regulations on the Payment of Retirement Allowances for Officers is to determine matters concerning the payment of retirement allowances for executives and auditors, and the purpose of this Regulations is to determine matters concerning the payment of retirement allowances for executives and employees, and the calculation of retirement allowances under this Article is as follows: 1. The standard amount of calculation of retirement allowances under this Article shall also be the monthly remuneration at the time of retirement. 3. The calculation of retirement allowances shall include the amount calculated by dividing the bonus paid for one year prior to the date of retirement by 12 months (the number of years of continuous service * the number of months of payment by position * the amount of monthly remuneration by position) by the number of months before the date of retirement; 2. The calculation of retirement allowances shall be made by dividing the bonus paid for each position by 12 months:

B. Other directors and auditors: (a) On March 31, 2009, at the 9th regular shareholders’ meeting on March 31, 2009, the Defendant passed a resolution on the approval of the rules on the management of retirement allowances for executives; (b) the articles of incorporation and the rules on the payment of retirement allowances for executives adopted at that time are as follows; (c) on March 27, 2010, the Defendant passed a resolution on the partial amendment of the articles of incorporation to the following provisions regarding the remuneration and retirement allowances for directors and auditors at the 10th regular shareholders’ meeting:

Article 40 (Remuneration and Remuneration of Directors and Auditors) (1) The remuneration of directors and auditors shall be determined by a resolution of a general meeting of shareholders.

(2) A retirement allowance shall be paid to directors and auditors registered in a certified copy of register who have served for at least one year according to the articles of incorporation.

(3) The basic amount of retirement allowances shall be calculated at the time of retirement.

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