logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.09.26 2013가합549954
퇴직금 지급 등 청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

Nonparty G, the spouse of Nonparty I, J and the Plaintiffs, who were Nonparty H and their children, died on January 20, 201.

(hereinafter “the deceased”). From the beginning of 1990 to the time of death, the deceased served as the director, internal director, representative director, etc. in Defendant C and D Co., Ltd. (hereinafter “Co., Ltd.”).

The shareholders of Defendant C and D are only the deceased and their families.

Of the shares 10,000 shares of Defendant E, Defendant C had 3,800 shares, and the Deceased had 2,000 shares, and the remainder is owned by those who are not related to the Deceased and their families.

I, the spouse of the deceased, H and I, the child of the deceased, are responsible for in-house directors.

Defendant F is a person working in Defendant C and E.

On April 30, 2011, Defendant C and D’s estimated amount of retirement allowances, including the estimated amount of retirement allowances of the deceased at KRW 592,053,150,020, as of April 30, 201, based on the deceased’s death date, was prepared to include the estimated amount of retirement allowances of the entire executives and employees of Defendant C and to include the estimated amount of retirement allowances at KRW 994,958,020, and the total amount of

The above balance sheet was approved at the general meeting of shareholders on July 22, 2011.

After April 30, 2012, the retirement allowances of the deceased are excluded from the estimated amount of retirement allowances of the officers and employees.

As of September 30, 2010, Defendant D drafted a detailed statement of estimated amount of retirement allowances of the deceased at KRW 213,080,490.

Meanwhile, Article 32 of the Articles of Incorporation of Defendant C and D provides that “The remuneration or retirement allowance of an officer shall be determined by a resolution of the general meeting of shareholders.”

There is no retirement allowance paid to the retired officer since 2008 when the deceased was appointed as the representative director of Defendant C or D.

However, in the case of Defendant F, Defendant C received money by interim settlement of retirement pay from Defendant C, and even in this case, there was no resolution of the general meeting of shareholders.

The Deceased’s money to Defendant E and F is paid.

arrow