1. The plaintiff's claim is dismissed.

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

Basic Facts

On March 16, 2012, the Plaintiff was appointed as an executive director who is a full-time director by a resolution of a temporary general meeting of shareholders of the Defendant Company, and was in charge of exercising overall control over the business affairs of the head office of the Defendant Company located in Asan, and the remuneration was set at the resolution of the board of directors on March 20, 201.

After that, on May 23, 2012, the defendant company decided not to pay remuneration to non-standing directors by the board of directors.

On July 28, 2012, the Plaintiff was replaced by the board of directors to a non-standing director who is not paid as an executive director. On September 10, 2012, the Plaintiff was dismissed by a resolution of a temporary general meeting of shareholders.

The articles of incorporation of the Defendant Company provides for “matters concerning remuneration for executives and retirement allowances” as the resolution of the general meeting of shareholders (Article 21 subparag. 7 and 8 of the Articles of incorporation). “Determination of remuneration and other compensation for directors delegated by the general meeting of shareholders” is prescribed by the resolution of

(Article 30 subparag. 11 of the Articles of incorporation of a defendant company provides that "the term of office of a director shall be three years," and Article 3 of the Regulations on Retirement Allowances for Officers provides that "(i) If an executive retires, the amount calculated by multiplying the average remuneration for the last three months at the time of his/her retirement by the number of months of payment in accordance with the payment rate table (the payment rate for one year of his/her term of office shall be two months) shall be a retirement allowance."

[Ground of recognition] The facts without any dispute, Gap's evidence Nos. 1 through 6, Eul's evidence Nos. 7 and 8 (including each number; hereinafter the same shall apply), the plaintiff's assertion of the whole purport of pleading, and the summary of the plaintiff's assertion as to this, the defendant company dismissed the plaintiff without any justifiable reason during his term of office as prescribed by the articles of incorporation, pursuant to Article 385 (1) of the Commercial Act.