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(영문) 의정부지방법원 2016.06.17 2015가단5255
퇴직금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. According to the certified transcript of corporate register, the Plaintiff is deemed to have worked as the representative director of C (hereinafter “C”) from June 16, 2005 to December 14, 2005, and as the Defendant’s director from October 1, 2008 to November 1, 2013, as the Defendant’s other non-executive director from November 1, 201 to November 28, 201, as the Defendant’s other non-executive director, and as the inside director of D (hereinafter “D”) of a stock company from March 15, 201 to November 28, 201, and as the representative director from November 29, 201 to March 15, 2014.

According to the National Pension Subscription Certificate, the Plaintiff is deemed to have worked for the Defendant from September 10, 191 to October 30, 201, from January 3, 2006 to April 30, 2006, from January 3, 2006 to April 30, 2006, from September 1, 2006 to January 20, 2009, and (4) from January 26, 2009 to October 31, 201.

B. According to the certified transcript of corporate register, “F” is a representative director of the defendant from August 7, 2003 to November 1, 2013; ② from November 1, 2005 to March 27, 2006; ③ from February 17, 2006 to March 15, 2011, as D’s representative director; and ③ from March 16, 201 to October 31, 201, as D’s internal director; and ④ from March 16, 201 to October 31, 201; and ② from September 30, 2008 to September 1, 2008, to the Defendant’s representative director from October 1, 200 to 16, 16, 201 to 30.6, respectively, as C’s director; and

C. Article 33 of the Defendant’s articles of incorporation provides that “The remuneration and retirement allowance of an executive shall be determined by a resolution of the general meeting of shareholders.”

【Ground of recognition】 The fact that there has been no dispute, Gap's evidence Nos. 9, 12, 18-3, Eul's evidence Nos. 1 and 8 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Summary of the parties' arguments

A. The plaintiff C, E, and D are substantially identical companies, and the plaintiff is a worker at the defendant from June 16, 2005 to October 21, 2013.

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