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(영문) 수원지방법원안산지원 2019.05.13 2018가합5000
임원퇴직금청구
Text

1. Defendant B Co., Ltd.: (a) KRW 476,842,523 on the Plaintiff and its related thereto, from January 3, 2015 to May 13, 2019.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) established in 1988 after retirement of Defendant C’s father at E Co., Ltd., as a company with the purpose of manufacturing and selling electronic equipment, such as a member’s size and mileage list.

B. While working for an accounting firm, the Plaintiff became aware of the Defendant Company, and became a vice president at the Defendant Company on June 20, 2005. From October 19, 2005, the Plaintiff served as an internal director from October 19, 2005, and served as D and joint representative director from July 1, 2009.

C. D’s death in April 2012, the Plaintiff entered into a management delegation agreement with Defendant C, who is a child of D, on May 3, 2012 (hereinafter “instant management delegation agreement”), and served as the sole representative director of the Defendant Company from that time.

On March 24, 2014, at the regular general meeting of shareholders of the defendant company held on March 24, 2014, the resolution was adopted to the effect that “The payment rate for each officer’s retirement allowance regulations related to the payment rate under Article 5 of the retirement allowance regulations shall be changed to five times the average monthly wage for each year of continuous service: Provided, That the payment limit for each officer’s class shall be paid based on the company regulations (hereinafter “resolution of the general meeting of shareholders”).

E. In 2014, the Plaintiff received KRW 539,929,152 from the Defendant Company (i.e., KRW 44,94,096 per month x 12 months), bonuses 670,979,926 (i.e., KRW 620,00,000 on April 29, 2014) plus KRW 1,210,909,078 on September 2014.

F. After that, according to the resignation letter prepared on January 2, 2015, the registration of the Plaintiff’s representative director and intra-company director resignation was completed on January 7, 2015, and the registration of the appointment of the representative director of Defendant C was completed on the same day.

G. Upon the lapse of the preceding lawsuit, the Plaintiff is a part of the amount of KRW 340,00,000, which is part of retirement allowance against the Defendant Company, around 2016Gahap6320, as well as the amount of KRW 150,00,000, which is part of the amount of damages for the breach of the instant management delegation agreement, and the amount of the unpaid monthly payment in January 2015.

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