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(영문) 수원지방법원 2019.01.25 2018가합16402
임금
Text

1. The Defendant shall pay to the Plaintiff KRW 905,706,517 and the interest rate of KRW 15% per annum from June 27, 2018 to the date of full payment.

Reasons

1. Basic facts

A. The defendant was established for the purpose of the safety inspection and precise safety diagnosis technology service, and the plaintiff was appointed as a director on August 31, 2008 to the defendant company, but was appointed as the representative director on September 23, 2009.

B. On February 13, 2018, the Plaintiff submitted to the Defendant Company a resignation letter stating that he/she will resign from office as of February 19, 2018. Accordingly, on February 22, 2018, the registration was made to dismiss the Plaintiff as the representative director, and on March 19, 2018, the registration of the retirement of the inside director was made.

C. As the Plaintiff resigned from office as the representative director and director of the Defendant Company, on February 22, 2018, the Defendant Company held a board of directors on the grounds that the notice of convening a board of directors was due to the resignation of the representative director, which is the shareholders of the Defendant Company, C and D, which are the shareholders of the Defendant Company, and resolved to convene a temporary general meeting of shareholders. On March 13, 2018, the said D was appointed from the temporary general meeting of shareholders held on March 13, 2018 (hereinafter “temporary general meeting of shareholders”), as the new representative director

Retirement allowances for an executive officer under Article 3 (Grounds for Payment of Retirement Allowances) of the Regulations on Payment of Retirement Allowances for Officers shall be paid when any of the following grounds arises:

(1) Resignation at the expiration of the term of office (2) shall be dismissed due to death during office or other equivalent causes.

D. The provisions on payment of retirement allowances for executives of the Defendant Company, enacted on December 26, 201, provide for the following grounds for payment of retirement allowances:

E. On the other hand, Article 41 (Provisions on Payment of Retirement Allowances for Officers) was amended to the following contents in the articles of incorporation related to the calculation of retirement allowances for officers at the temporary shareholders' meeting of this case

(4) The calculation of retirement allowances shall be based on Article 41 of the Articles of Incorporation before the change (amended by December 26, 2011).

The rate of payment shall be as follows:

The separate payment criteria shall be the representative director (chairperson) of the payment rate, the number of years and five months of his/her term of office as the representative director (president), the number of years and four months of his/her term of office, and the standing

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