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(영문) 서울남부지방법원 2013.11.19 2013가합101440
손해배상(기)
Text

1. The Defendant’s KRW 106,661,989 as well as 5% per annum from March 30, 2013 to November 19, 2013 to the Plaintiff.

Reasons

1. Basic facts

A. The defendant is a corporation whose purpose is to manufacture and distribute electrical and electronic broadcast communications products and medical device products, and whose inside director C is its representative.

The plaintiff was appointed as the defendant's director on December 6, 200, and was reappointed at a regular general meeting of shareholders held on March 28, 2010 at the same time as the resignation of directors.

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 adjustment of retirement allowances for the continuous service period from December 1, 200 to December 31, 2010, based on the provisions on retirement allowances for officers established at a temporary general meeting of shareholders on January 7, 2003.

Accordingly, on December 31, 2010, the Plaintiff received KRW 478,313,00 from the Defendant for interim settlement of retirement pay (hereinafter “instant interim settlement of retirement pay”) and on January 4, 2011, a notary public received the authentication of the minutes of the board of directors as to the said minutes of the board of directors’ meeting from a law firm’s citizens in accordance with Article 2011.

C. According to Article 27 of the Defendant’s articles of incorporation, the term of office of the Plaintiff’s director is extended until the closing of the regular general shareholders’ meeting in the last period for the settlement of accounts for three years after his inauguration.

However, on January 2, 2013, the Defendant dismissed the Plaintiff from the position of director.

(hereinafter “instant dismissal”) D.

The defendant's articles of incorporation and the rules on retirement allowances for officers (hereinafter referred to as "the rules on retirement allowances of this case") are as follows.

[Articles of Incorporation and Auditor] Article 27 (Term of Office of Director and Auditor) The term of office of director shall be three years after his inauguration.

However, when the term of office of a director ends before the closing of a regular general meeting of shareholders for the last period for the settlement of accounts during his/her term of office, the term shall be extended until the closing

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

[The retirement allowance rules of this case] The criteria for payment of retirement allowances to officers under Article 4 (Guidelines for Payment of Retirement Allowances) are as follows.

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