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(영문) 서울중앙지방법원 2016.08.24 2014가단5232275
보수금 청구의 소
Text

1. The Defendant’s KRW 18,605,343 as well as its annual 6% from August 26, 2014 to August 24, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a corporation with the purpose of broadcast program and film production, film sale, entertainment, artist and artist, sports player entertainment, etc., and the Plaintiff was appointed on March 27, 2009 as the Defendant’s internal director and representative director, and retired from the representative director on March 30, 2012, and retired from the office director on April 1, 2014.

B. According to Article 5 (Guidelines for Payment) of the former Regulations on Retirement of Officers in-house under the Articles of the Defendant’s Articles of Incorporation, the representative director (president), three times the number of years of continuous service, and two times the number of other officers, and the amount of retirement pay by winning the amount of monthly salary for the year of retirement as average monthly salary. However, on March 30, 2012, the Defendant revised Article 5 of the above Regulations to the effect that “if an officer has retired, the amount of average wages for one year of continuous service shall be paid as retirement allowance.”

C. The Plaintiff, while working for the Defendant, received KRW 8,90,000 per month ( KRW 16,80,000 per year). On April 1, 2014, the Plaintiff resigned from an inside director and did not receive remuneration and retirement allowances from January 2014 to March 2014.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 3, 4, 6, 7, 10, 12, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion against the defendant: ① three years of service as the representative director; and KRW 97,90,00 (three years of service as the representative director x three years of service as directors x two years of service as directors x 1) of retirement allowance for two years of service as directors; ② 20,000 won of remuneration not paid from January 2014 to March 2014 (three months of service as the representative director x 8,90,000 won) and delay damages for each of the above amounts.

(b) The articles of incorporation and determination of the retirement allowance of a director who judges on retirement shall be included in remuneration under Article 388 of the Commercial Act, or may be made by a resolution of the general meeting of shareholders, and such right to claim retirement allowance shall only be made when the articles of incorporation and the resolution of the general meeting

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