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(영문) 서울중앙지방법원 2016.07.01 2015가합578895
퇴직금 등
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

From March 28, 2000 to March 11, 2015, the Plaintiff served as the auditor of Defendant C Co., Ltd. (hereinafter “Defendant C”). From July 3, 2008 to September 30, 2015, Defendant B Co., Ltd (hereinafter “Defendant B”) was established due to the personnel division of Defendant C, as the auditor of Defendant B.

During the above period in which the Plaintiff was in office as the auditor of the Defendants company, the Plaintiff received remuneration of KRW 500,000 per month from the Defendants.

Article 41-6 of the Articles of incorporation of the Defendants shall provide for the remuneration and retirement allowance of an auditor by a resolution of the general meeting of shareholders, and the matters for the determination of remuneration of the auditor shall be presented and resolved separately from the agenda for the determination of remuneration of directors.

(1) The auditor’s payment of retirement allowances shall be made in accordance with the rules for the payment of retirement allowances for officers subject to a resolution of the general meeting

(2) is defined as "paragraph (2)."

The rules on payment of retirement allowances for each officer of the Defendants provide for the calculation of retirement allowances and retirement allowances for officers as follows:

Article 2 [Definition of Officers] The term "executives" means directors and auditors appointed at a general meeting of shareholders, who are full-time.

Article 4 (Methods of Calculation of Retirement Allowances) When an executive retires, an amount calculated by deducting the payment rate under the attached Table 1 from the monthly remuneration of the executive officer shall be paid as a retirement allowance.

On March 28, 2006 before March 29, 2006, there is no dispute over the twofolds of the fivefolds of the president, the fivefolds of the fivefolds of the fivefolds of the president, the twofolds of the fivefolds of the fivefolds of the fivefolds of the president, and the twofolds of the twofolds of the twofolds of the twofolds of the fivefolds of the vice president, the twofolds of the fivefolds of the president, and the twofolds of the twofolds of the twofolds of the twofolds of the two identicals of the two identicals of the two identicals of the president, the twofolds of the twofolds of the two identicals of the two identicals of the two identicals of the president, and the Plaintiff’s argument to the purport of the entire arguments, and the Defendants jointly and severally agreed with the Defendant.

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