1. As to KRW 108,498,995 and its KRW 15,498,995 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 93,00,000.

Plaintiff’s assertion

Summary

A. From February 18, 2014 to January 4, 2017, the Plaintiff received remuneration of KRW 4,177,990 each month while working as the Defendant’s representative director.

The Plaintiff was not paid the remuneration of 20,889,950 won (=4,177,990 won x 5 months) for the five-month period from August 2016 to December 2016.

Therefore, the Defendant is liable to pay the Plaintiff the unpaid remuneration of KRW 20,889,950 and the delay damages.

B. On March 18, 2015, the Plaintiff lent to the Defendant KRW 95,00,000,000, and KRW 2,000,000 on May 26, 2015, and KRW 15,000,000 on June 29, 2016 (=50,000,000 + + KRW 30,000,000 + KRW 15,000,000). The Defendant paid KRW 2,00,000 among them on January 20, 2017.

Therefore, the defendant is liable to pay the remaining loans of 93,00,000 won = 95,00,000 won - 2,000,000 won) and damages for delay to the plaintiff.

Judgment

Article 388 of the Commercial Act provides that remuneration for directors of a stock company shall be determined by a resolution of the general meeting of shareholders when the amount of remuneration is not determined by the articles of incorporation. Thus, in cases where the articles of incorporation provides that the remuneration for directors shall be determined by a resolution of the general meeting of shareholders, the right to claim remuneration for directors may have been exercised only when the resolution of the general meeting of shareholders was made on the payment method of the amount, payment method, etc.

(A) The following facts are acknowledged according to the overall purport of evidence Nos. 6, 25123, Dec. 10, 2004 (see, e.g., Supreme Court Decision 2004Da25123, Dec. 10, 2004). According to the evidence Nos. 6, 1, 2, and 3, and 1, and 3, witness C and D’s testimony and arguments, the general meeting of shareholders held on November 5, 2014 that a resolution was made to pay the Plaintiff, the representative director of the company, in 4,300,000 won each month, to the Plaintiff (a separate payment of transportation cost of KRW 30,00).