logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원고등법원 2020.01.30 2019나13816
임원퇴직금청구
Text

1. Of the judgment of the court of first instance, the part against Defendant B in the judgment is modified as follows.

Defendant.

Reasons

1. Basic facts

A. The relationship between the parties 1) The defendant company is a company established on May 20, 198 by the defendant C's father, who is the father of the defendant C, for the purpose of manufacturing and selling electronic equipment, such as a member's partner position, and mileage, etc. 2) the plaintiff was employed as the vice president of the defendant company on June 20, 2005, and worked as the inside director from October 9, 2005, and worked as D and joint representative director from July 1, 2009.

B. The plaintiff's sole representative director, appointment and employment relationship

1. The Plaintiff’s obligations (1) is responsible for the current crisis, including current liquidity crisis, customer escape, and organizational stability, which is currently faced by the company.

(2) The Plaintiff is responsible for the stable growth and development of the company as a result of its maintenance of the network D, and cannot express its intent or transfer it to a competition-related company during the period of this Agreement.

(3) The Plaintiff is responsible for the management of the company and faithfully performs the authority and duties of the representative director/CEO.

2. (1) Defendant C’s obligations as a major shareholder of Defendant C shall create necessary conditions and assist the Plaintiff in fulfilling its obligations and responsibilities under paragraph (1).

(2) Defendant C shall ensure the status of representative director/CEO during the duration of this Agreement so that the Plaintiff may fulfill its obligations and responsibilities under the preceding paragraph.

3. The period of delegation of management (1) The period of delegation of management may be extended by agreement by the end of the year 2017;

1) Upon the death of D around April 2012, Defendant C, a major shareholder of the Defendant Company, is the management delegation agreement with the Plaintiff on May 3, 2012 (hereinafter “instant management delegation agreement”).

2) The Defendant Company’s bonus of KRW 539,929,152 (i.e., monthly salary of KRW 44,94,096 x 12 months), bonus of KRW 670,979,926 (i.e., KRW 620,00,000 around March 2014) and KRW 29,98,192, around April 2014, among the written agreement (Evidence A No. 4) drafted at the time, the content relating to the instant case is as follows:

arrow