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(영문) 서울중앙지방법원 2015.07.03 2014가합63181
퇴직금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The parties’ relationship 1) The Debtor B Co., Ltd. (hereinafter “B”)

(2) On March 25, 2002, the Plaintiff was appointed as a director B by a resolution of the general meeting of shareholders on March 25, 2002.

4. From September 18, 201 to April 18, 2010, a director was registered as a director, who was appointed as a representative director B by a resolution of the board of directors on April 8, 2010, and was registered as the representative director from April 19 to April 7, 2014.

B. B was composed of 45 to 55 executives and employees, 2 representative directors including the Plaintiff, 1 to 2 auditors, 5 to 6 directors. 2) The Plaintiff was paid KRW 98,100,000 (basic salary of KRW 71,400,700 as bonus of KRW 26,700,000 as salary of KRW 71,201, and 2012 as salary of KRW 99,000 as basic salary of KRW 33,00,000 as salary of KRW 67,00,000 as salary of KRW 33,00,000 for managerial reasons, and KRW 630,000 as salary of KRW 300 for 200 for 2013 as salary of KRW 300 for management reasons (basic salary of KRW 300,500,000, KRW 3000 for 200 for bonus of KRW 300 for 2013.

3) The Plaintiff received support for vehicles and articles from B during the period of his/her term of office as the representative director, and received the corporate card. C. B applied for commencement of rehabilitation procedures to the Seoul Central District Court on March 28, 2014.

5. 22. A decision was rendered on the commencement of rehabilitation procedures as the above court 2014 combined71, 2014 combined87 (Joint) and the Defendant was appointed as B’s custodian.

(2) The Defendant’s executive remuneration claim 209,420,430 won (the same as the amount of unpaid benefits and retirement allowances claimed by the Plaintiff through the instant lawsuit) is identical to the amount of unpaid benefits and retirement allowances claimed by the Plaintiff.

A. A. A., the entry of the evidence No. 1, No. 2, 4, and 6, and the purport of the whole pleadings, as rehabilitation claims.

2. Determination as to the plaintiff's claim

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