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(영문) 서울남부지방법원 2018.11.16 2017가단219205
증권
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a company with approximately KRW 86.2 billion capital for its business purpose, such as financial investment business, and the Plaintiff is affiliated with the Defendant company on July 29, 2014 and works as a vice president-class executive officer who exercises overall control over “Sese & Trading Headquarters”.

A person retired on March 16, 2016.

B. Around 2014, Defendant Company implemented a system of deferment and recovery of piece rates as part of the work of improving the physical constitution of the company. Around 2015, the Plaintiff entered into an agreement with the Defendant to receive the “Written Consent on the Compensation System for Executive Officers” (hereinafter “instant Consent”), which includes the following details, and agreed to apply the agreement from the date of entry.

① Method of payment of piece rates (1) The company shall pay in cash 50% of the annual performance rates in February of the following year and pay in equal annual 1/3 of the annual performance rates to stocks each year thereafter, and the company shall determine the payment of piece rates as deferred through the Personnel Committee in February every year. The amount for which payment is not finalized shall be the amount determined by the Personnel Committee in February every year. ② Where the company causes losses to the company due to the intentional or negligent illegal act committed by a joint company, not private ownership, and where the company is subject to disciplinary action in violation of the company regulations, the company may recover all or part of the determined stocks and pay, and where it is allowed to make a decision to pay the determined amount, the company shall not pay the deferred amount. In the case of voluntary retirement due to the non-voluntary reason for retirement, performance and contribution to the company during the term of office, the method of payment, and other terms and conditions through the Personnel Committee.

Defendant Company obtained approximately 18.2 billion won per net profit in 2014.

The performance-based bonus set to the Plaintiff with respect to the performance of the year 2014 was completed on February 2, 2015 by 50% of them, and the remainder of 50%.

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