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(영문) 인천지방법원 2019.02.20 2017가단227508
대여금
Text

1. As to the Plaintiff KRW 138,848,66 and KRW 100,00 among them, the Defendant shall pay to the Plaintiff KRW 138,848,66 from July 14, 2017, KRW 38,848,66.

Reasons

1. Facts of recognition;

A. The defendant is a juristic person established for the purpose of manufacturing industry automation machinery.

After being appointed as a director of the defendant company on December 18, 2001, the plaintiff was registered as a director or auditor at the corporate register of the defendant company until December 18, 2016.

B. On August 30, 2016, the Plaintiff retired from the Defendant Company.

C. The Defendant Company has stipulated the “Rules on Payment of Retirement Allowances for Executive Officers” with the purpose of providing for matters concerning the payment of retirement allowances to executive officers in accordance with the articles of incorporation.

The contents are as follows:

Article 2 (Scope of Application) (1) This provision shall apply to directors or more.

(2) Officers means registration directors and auditors appointed at a general meeting of shareholders.

(hereinafter) Article 3 (Reasons for Payment) (1) Retirement allowances for executive officers shall be paid when any of the following grounds arises:

1. Term of office;

2. The calculation of the number of years of continuous service under Article 4 (Calculation of Length of Service) (1) shall be made as follows:

1. A period of less than one year shall be calculated on a monthly basis, and a period of less than one month shall be one month;

(hereinafter referred to as "period of continuous service") (2) The period of continuous service shall be from the appointment date to the end of actual service.

Article 5 (Calculation of Retirement Allowances) (1) The calculation of retirement allowances for executive officers shall be based on [average wages (basic pay bonus x length of service x payment rate].

[Attachment 1] Article 7 (Special Cases concerning Payment of Retirement Allowances) 1 of the Monthly Wage Act (Special Cases concerning Payment of Retirement Allowances) provides that the board of directors may pay a person who retires from or retires from an occupational injury or disease of a registered officer or who retires from office on duty within the scope stipulated in any of the following subparagraphs in addition to retirement allowances:

1. A person who retires from an occupational injury or disease: Within 50 percent of the base rate for payment;

2. A person who has retired from office on duty: Within 100% of the base rate for payment.

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