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(영문) 수원지방법원안양지원 2014.12.19 2014가합103539
부당이득금
Text

1. The Defendant: (a) KRW 4,956,410 for the Plaintiff and KRW 5% per annum from August 26, 2014 to December 19, 2014; and (b) the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a corporation established for the purpose of manufacturing and selling electrical and electronic broadcast communications products and medical device products, which is its representative, and the Defendant was appointed as the Plaintiff’s director on December 6, 200 and retired on March 28, 2013.

B. On December 27, 2010, the Defendant held a board of directors and resolved to pay to the Plaintiff KRW 478,313,000 as an interim settlement of retirement allowances for continuous service years from December 1, 200 to December 31, 2010, based on the provisions on retirement allowances for executives established at a temporary general meeting of shareholders on January 7, 2004.

Accordingly, on December 31, 2010, the Plaintiff received retirement allowance of 478,313,000 won for interim settlement (the continuous service period of 10 years ¡¿ 142,308,000 won x the payment rate of 4) from the Defendant, and on January 4, 2011, a notary public was notarized in relation to the meeting minutes of the board of directors as of January 38, 201 by a law firm et al.

C. The articles of incorporation and the retirement allowances for officers are as follows.

[Articles of incorporation] The remuneration of an executive officer or retirement allowance of an executive officer under Article 34 (Remuneration and Retirement Allowance) shall be determined by a resolution of a general meeting of shareholders

[Regulations on Retirement Allowances for Officers] Article 4 (Guidelines for Payment of Retirement Allowances for Officers) The criteria for payment of retirement allowances are as follows:

The number of years of continuous service under Article 5 (Calculation of the Number of Years of Continuous Service) of Article 5 (Calculation of the Number of Years of Continuous Service) shall be from the date of office to the date of resignation, and if there is a fraction less than the number of years of continuous service, it shall be calculated monthly, and if there is a fraction less than one month, it shall be calculated as one month.

Article 7 (Standards for Calculation of Retirement Allowances) The calculation of retirement allowances for officers shall be calculated by multiplying 1/12 of the total amount of salaries paid to the relevant officer for one year from the time of retirement by the number of years of continuous service, and shall be calculated by multiplying that amount by the payment rate corresponding to the position at the

The provisions of Article 1 (Enforcement Date) of the Addenda shall enter into force on January 1, 2003.

Provided, That this provision shall also apply to the period of continuous service before the enactment of this provision.

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