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(영문) 청주지방법원 2015.11.05 2015가합301
퇴직금
Text

1. The Defendant’s KRW 121,318,653 as well as the Plaintiff’s annual rate from April 14, 2014 to January 2, 2015, and on January 3, 2015.

Reasons

1. Facts of recognition;

A. On June 1, 2010, the Plaintiff joined the Defendant and retired from office as an executive director from the 23th of the same month to March 31, 2014.

B. Article 33 of the Defendant’s articles of incorporation provides that “The remuneration or retirement allowance of officers shall be determined by a resolution of the general meeting of shareholders.” As such, the Defendant’s general meeting held on June 23, 2010 approved the Defendant’s provision on the payment standards and operation of the retirement allowance for officers to be based on the “Rules on the Payment of Retirement Allowances for

C. According to the Defendant’s provision on payment of retirement allowances for executive officers, the time of retirement of the executive officer shall be limited to the time of actual retirement (Article 2), the retirement allowance of the executive director shall be limited to the amount of annual remuneration 】 3 】 (Article 3). In a case where an executive officer retires after obtaining a resolution of dismissal at the general meeting of shareholders or a dismissal judgment at the court due to a cause attributable to him/

(Article 6. D.)

The annual remuneration of the Plaintiff as of March 31, 2014, as of March 31, 2014, is KRW 45,590,400.

E. On April 14, 2014, the Defendant paid KRW 15,452,547 to the Plaintiff as retirement allowance.

[Ground of recognition] Facts without dispute, Gap evidence 2 through 4, Eul evidence 1 and 3, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant is in office as executive director unless there are special circumstances.

Pursuant to Article 3 of the Regulations on Payment of Retirement Allowances for Officers, the Plaintiff who retired from office, obtained by deducting KRW 121,318,653 (= KRW 135,771,200 - 15,452,547) paid by the Defendant from three times the annual salary of KRW 45,590,40 as of March 31, 2014, which was the date of retirement as of March 31, 2014, from KRW 135,771,200, KRW 15,452,547), and as requested by the Plaintiff, it shall be from April 14, 2014 to January 2, 2015, the delivery date of the original copy of the instant payment order as of January 3, 2015, as stipulated in the Civil Act.

9. The main text of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings until 30.

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