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(영문) 서울행정법원 2020.09.10 2019구합81100
법인세부과처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff, including the Plaintiff’s status, was established on June 5, 1961 for the purpose of manufacturing and distributing clothes, and changed the trade name of the Plaintiff into B on March 26, 2010. On June 5, 2012, the Plaintiff, a major business division, established C Co., Ltd. in a personal division. On March 30, 2018, the Plaintiff changed into A Co., Ltd. as of March 30, 2018.

B. Article 34(2) of the Plaintiff’s articles of incorporation provides that “The retirement allowance of the director and auditor shall be separately determined.” The Plaintiff’s retirement allowance payment provision, which has been enforced until the amendment was made at a temporary shareholders’ meeting on November 27, 2013, shall be construed as “the retirement allowance of the officer” ± “the monthly remuneration for three months in the final position ± the number of days of service ± the payment rate of retirement allowances for the registered officer ± 30 days ± the number of days of service ± 365 ± the number of days of service ± 365” (hereinafter “the retirement allowance provision prior to the amendment”).

(2) On November 27, 2013, the Plaintiff revised that the payment rate of retirement allowances (2.0) stipulated in the provisions prior to the amendment at the special shareholders' meeting shall be applied differently to the payment rate by position (2.0) (1.5, 2.0, 3.0, 3.0, 4.0, 4.5, and 4.5), and the president and the representative director shall be determined to calculate the amount of retirement allowances by position according to the formula of "average monthly remuneration for the last three months of position 】 payment rate by position 】 payment rate by position 】 (number of months) ± 12. The date of enforcement shall be the date after the resolution of the general shareholders' meeting, but the calculation of retirement allowances and the payment rate by position shall be applied retroactively to the period of each position.

(hereinafter “instant retirement allowance rules”). C.

(1) Upon retirement on December 2, 2013, D, the largest shareholder (44.15%) who served as the representative director of the Plaintiff for about 15 years, retired on December 2, 2013, including details of retirement allowance payment for the representative director D, the Plaintiff calculated by applying the payment rate of retirement allowance for officers (4.5) as shown below according to the retirement allowance provision in this case.

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