1. The plaintiff's claim is dismissed.

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

1. The facts below the underlying facts may be acknowledged either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence Nos. 1 to 4, and Eul evidence No. 1.

From March 29, 2013 to March 28, 2016, the Plaintiff served as an executive director of the Defendant Company C (hereinafter referred to as “C”) as a subsidiary of an incorporated association from March 29, 2013.

B. Relevant provisions of the articles of incorporation of the defendant company are as follows:

Article 33 (Remuneration of Officers)

1. The remuneration of an executive shall be determined by a resolution of the general meeting of shareholders;

2. The retirement allowances for officers shall be governed by the remuneration regulations for full-time officers separately determined;

3. If an officer who has made a special contribution during his/her term of office retires, he/she may pay his/her retirement bonus according to a resolution of the general meeting of shareholders in addition to retirement allowances;

2. The Plaintiff asserted that he had been in continuous service from C to C for 27 years and 27 months, but transferred his position to the Defendant Company, a subsidiary of C, and retired from office on or before March 28, 2016. In addition, the special retirement allowance was paid to all retired officers of C or its subsidiary separately from the ordinary retirement allowance.

Therefore, the Defendant Company is obligated to pay to the Plaintiff KRW 136,620,00, which is equivalent to the amount of special retirement allowance (the amount corresponding to the average wage for nine months) in accordance with the aforementioned practice, and damages for delay.

3. Determination

A. According to Article 388 of the Commercial Act, remuneration for directors of a stock company shall be determined by a resolution of the general meeting of shareholders if the amount is not determined by the articles of incorporation. Thus, retirement consolation benefits for directors shall be paid to those retired from such office in return for the performance of their duties while in office and included in remuneration under Article 388 of the Commercial Act. If the articles of incorporation, etc. provides that remuneration for directors or retirement benefits shall be determined by a resolution of the general meeting of shareholders, the amount, payment method, payment period, etc.