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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. In fact, the defendant company is an enterprise aimed at the transportation business of taxi passengers and the same kind of service business, and the plaintiff was a representative director of the defendant company from October 6, 201 to February 5, 2015.
[Ground for recognition] Unsatisfy
2. The plaintiff's assertion
A. Although the Defendant Company, through a temporary shareholders’ meeting on November 5, 201, determined that the monthly salary of the representative director, who is an executive officer, was 4 million won through a temporary shareholders’ meeting on November 5, 201, the Defendant Company was paid 2.9 million won as monthly salary for 36 months from January 1, 2012 to December 31, 2014, and was paid 400 million won to the Plaintiff, who was the representative director, and was paid 400% each year.
Therefore, unpaid benefits are paid 8,7.6 million won (=1.1 million won (40-290) x 36), and unpaid bonuses 48 million won (=4 million won x 4.3).
However, as the Defendant Company paid KRW 80,000,000,000 for monthly marketing expenses and oil expenses for 22 months from January 2012 to October 2013, the Defendant Company sought payment of KRW 7,60,000,000, which is the aggregate amount.
B. On February 5, 2015, the Plaintiff was unfairly dismissed through a temporary general meeting of shareholders before the expiration of the term of office without justifiable grounds.
Therefore, the Defendant Company is obligated to pay the Plaintiff the remuneration from February 6, 2015 to March 24, 2017, which is the remainder of the Plaintiff’s term of office.
Since the monthly salary is 4 million won, 7,4690,000 won, which is a part of the damages during the remaining 25-month period, shall be claimed.
C. The Plaintiff shall receive KRW 65,926,207 of the retirement allowance from October 11, 1998 to December 31, 201, and KRW 35,300,000,000, which was paid on December 28, 2013 from the date following the retirement allowance of KRW 27,908,676 to December 25, 2017, and KRW 55,309,041, which was paid on February 27, 2015, and KRW 3,525,041, which was paid on February 27, 2015.
3. Determination
A. The Plaintiff’s monthly salary is four million won or more.