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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. The Defendant Company is a subsidiary established in Germany by a company with its head office in Germany (hereinafter referred to as “ Germany headquarters”) and engaged in the distribution, marketing, manufacturing, etc. of parts related to the automobile industry as a limited company. The Plaintiff is a person who entered the Defendant Company on February 15, 2002 and retired from office as the representative director from February 1, 2015 to July 1, 2019.
B. At the time when the Plaintiff was appointed as the representative director of the Defendant Company, the German head office and the Defendant Company paid the Plaintiff a basic annual salary of KRW 126 million, and paid retirement allowances equivalent to the basic salary for two months per year in continuous service at the time of retirement. The Parties agreed that the employment contract may be terminated by either notifying the Plaintiff at any time three months prior to the retirement or by paying the wages for three months.
(hereinafter “instant employment contract”). C.
On July 1, 2019, the German head office notified the Plaintiff of the termination of the employment contract on the ground of aggravation of the performance of the Defendant company. On the same day, the Plaintiff and the Defendant Company drafted a retirement agreement in English with the Plaintiff’s intent to retire from the Defendant Company (hereinafter “instant retirement agreement”).
2. Any person who is specialized in Aftering and dealing with corporate restructuring, and any other person who is referred to in B, to shallpa in the Empye:
a. Upon the Employee’s retirement, B회사 shall pay 302,332,329 KRW as additional 3 month’s salary (32,700,000 KRW) and severance pay (269,632,329 KRW) before tax and mandatory insurance deductions. Such amount shall be paid before October 11th 2019, in one lump sum amount through the severance pension, subject to meeting the conditions & commitments employee is taken under this agreement. b. If applicable, B회사 shall release severance pension amounts that were deposited in the employee severance pension account. 3. The parties confirm that there are no other wages or valuables remaining for B회사 to pay to the Employee, except the aforementioned amount in relation to the...