1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. C, the Plaintiff, D, and E jointly established the Defendant Company on January 29, 2007, and C took office as the representative director of the Defendant Company, the Plaintiff, directors of D, and E. At that time, C agreed that the Defendant Company’s shares were 30%, E would have 24%, and the Plaintiff and D would hold 23%, respectively.

B. From January 29, 2007 to September 30, 2012, the Plaintiff served as a shareholder and in-house director of the Defendant Company.

C. The articles of incorporation of the defendant company provides that remuneration for directors and auditors shall be determined by a resolution of the general meeting of shareholders, and payment of retirement allowances for directors and auditors shall be made by the regulations on payment of retirement

(see Article 40). However, there is no resolution on the payment of wages or retirement allowances for directors at a general meeting of shareholders of the defendant company.

The Plaintiff received remuneration of KRW 1,620,00 in total from the Defendant Company, KRW 10,150,00 in 208, KRW 17,400 in 2010, KRW 18,300,00 in 201, KRW 13,632,00 in total, and KRW 61,542,00 in total.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 4, Eul evidence Nos. 1, 2, 7, and 8 (including branch numbers; hereinafter the same shall apply), the witness D's testimony and the purport of the whole pleadings

2. The allegations and judgment of the parties

A. On February 1, 2007, the Plaintiff held office as an intra-company director registered with the Defendant Company. The Plaintiff asserted that the Defendant Company did not receive remuneration and retirement allowances from the Defendant Company. The Defendant Company sought payment of unpaid remuneration of KRW 76,034,00 and retirement allowance of KRW 11,864,00 among the Plaintiff’s benefits reported to the competent tax office, and damages for delay therefrom. The Plaintiff asserted that the Defendant Company received only KRW 440,000 from the Defendant Company even in 2006. The Plaintiff claimed that only received the unpaid remuneration of KRW 20,291,000 as well as the total unpaid remuneration of KRW 20,291,000 from the Defendant Company. However, at the same time, there is no clear ground for asserting that the Defendant Company was seeking the Defendant Company’s remuneration for the year 2006 prior to the establishment of the Defendant Company.