1. Of the judgment of the court of first instance, the part of the judgment against Plaintiff B, which orders additional payment, shall be revoked.

1. Basic facts

A. The defendant is a company that was established on October 31, 1998 and operated telephone fishing education service business, etc. with education centers in the Philippines, etc.

(The Defendant’s trade name was changed from “E Stock Company D” on April 3, 2015 to “E Stock Company”). The Plaintiffs were those who were employed and retired from the Defendant, and Plaintiff A entered on April 2, 199 and retired on September 30, 2013. Plaintiff B entered on April 7, 2008, and retired on October 1, 2013, and Plaintiff C retired from the office on May 17, 2010.

On the other hand, the plaintiff A was appointed as an internal director on March 201, when he was employed by the defendant (However, the defendant's certified copy is not registered in the defendant's certified copy of the register), and the plaintiff C was employed in the Switzerland Education Center, etc. under the telephone fishery business team after becoming a member, and was appointed as an auditor on March 29, 2013.

B. On March 2014, after the retirement of the Plaintiffs, the Defendant filed a criminal complaint against the Defendant with the police under the suspicion of occupational breach of trust, etc., by stating that “The Plaintiff C entered into a contract for the outsourcing service with the Defendant Company Education Center, which was in the practical control of the Plaintiff C, and subsequently used the relevant center’s expenses at will, and the Plaintiff A participated in the said act.”

C. The Defendant enacted and operated the “Regulations on Payment of Retirement Allowances for Executives” (hereinafter “instant provisions”) to regulate matters concerning retirement allowances to be paid to full-time directors and auditors appointed at a general meeting of shareholders. The main contents are as follows.

Article 4 (Calculation of Number of Continuous Years) The calculation of the number of years of continuous service shall be in accordance with the following subparagraphs:

1. One year for not less than six months and less than one year;

2. In cases of less than six months, 1/2 of the rate of payment for the portion per year shall apply.

Article 6 (Special Cases concerning Payment of Retirement Allowances) (3) Business affairs by intention or gross negligence.