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(영문) 인천지방법원 2021.02.05 2018가합59822
손해배상(기)
Text

1. The Defendant’s KRW 588,373,958 and as to the Plaintiff, 5% per annum from June 15, 2019 to February 5, 2021, and the following.

Reasons

1. Basic facts

A. From August 2, 2000 established by the Defendant, the Plaintiff worked as a director or a director in the Defendant’s company from August 2, 200, and the Defendant held a general meeting of shareholders on March 19, 2018 to appoint the Plaintiff as a director again in the company and appointed the Plaintiff as a director in the Defendant’s company on the same day.

2) On June 25, 2018, the Defendant’s representative C, through D, notified the Plaintiff of the purport that the Plaintiff will immediately be dismissed if the transferee did not take over the business from June 26, 2018.

3) On June 14, 2019, the Defendant held a temporary general meeting of shareholders and resolved to dismiss the Plaintiff’s director.

B. Article 33(1) of the Articles of Incorporation amended on December 30, 2015 provides that the Defendant’s articles of incorporation, including the amendment of the Defendant’s articles of incorporation and the provision on retirement allowances for executives, shall be three years after the appointment of a director. Article 33(2) of the same Act provides that “Remuneration or retirement allowances for executives who retired from office shall be determined by a resolution of the general meeting of shareholders.” Article 33(2) of the same Act provides that “The retirement allowances for executives shall be governed by the provisions on retirement allowances

The main contents of the current rules on retirement allowances for executive officers (hereinafter referred to as the "former rules on retirement allowances") are as follows:

Article 2 [Definition of Officers]

1.This provision shall apply to the directors or higher-ranking officers.

Article 4 [Calculation of Number of Years of Office) The calculation of the number of years of office shall be as follows:

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

2. In cases of less than six months, one half of the criteria rate for payment for the portion per year shall apply.

Article 5 [Calculation of Retirement Payments]

1. The calculation of retirement allowances for executive officers shall be based on average wages (average wages (basic salary) ¡¿ training for executive officers x standards for payment) ;

2.The criteria for payment shall be as follows:

1) At least five years of his/her term of office: 130% of his/her term of office: 150% of his/her term of office: 150% of his/her term of office: 200% of his/her term of office: 250% of his/her term of office: 250% of his/her term of office: the Defendant, on May 16, 2019, held a temporary general meeting of shareholders and amended the previous retirement allowance regulations (hereinafter “the amended retirement allowance regulations”).

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