1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant is a company established on March 31, 2010 for the main purpose of the development of software, electronic commerce, communications sales business, etc., and the Plaintiff was registered as the Defendant’s auditor from March 31, 2010 to March 31, 2013.

B. Article 57 of the Defendant’s articles of incorporation provides for the remuneration and retirement allowances of auditors as follows.

Remuneration of an auditor shall be determined by a resolution of a general meeting of shareholders.

(1) The payment of an auditor’s retirement allowance shall be made by the payment of the officer’s retirement allowance after a resolution of the general meeting of shareholders.

(2) Paragraph (2). The retirement pay under the preceding paragraph shall not be less than the amount provided for in the Minimum Labor Standards Act.

(3) [Grounds for recognition] Gap evidence 1, Eul evidence 1 to 4, and the purport of the whole pleadings.

2. Assertion and determination

A. The Plaintiff’s assertion 1) At the time of the Plaintiff’s establishment of the Defendant Company, C, D, and E, shareholders of the Plaintiff, agreed to pay the same remuneration as C, upon the Plaintiff’s growth at the time of the Plaintiff’s establishment of the Defendant Company, and the Defendant has the right to claim remuneration according to the articles of incorporation and the resolution of the general meeting of shareholders. As such, C, from March 31, 2010 to March 31, 2013, shall pay the Plaintiff remuneration equivalent to the remuneration that C received. The Defendant sought payment of the amount of remuneration of KRW 43,200,000 and 3.6,000,000,000,000 won per month, which is the minimum wage under the Labor Standards Act, and 3.6,80,000,000 won and delayed payment amount per three months. 2) Although the Defendant’s assertion was registered as the Defendant’s auditor, it was merely nominal auditor, and there was no fact of resolution by the Defendant’s general meeting of shareholders.

B. According to Article 388 of the Commercial Act, remuneration of directors of a stock company shall be determined by a resolution of the general meeting of shareholders unless the amount is determined by the articles of incorporation.