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(영문) 수원지방법원안양지원 2015.06.18 2014가합104303
퇴직금
Text

1. The Defendant’s KRW 76,214,492 as well as 5% per annum from September 5, 2014 to June 18, 2015 to the Plaintiff.

Reasons

On June 1, 2006, the plaintiff was employed as a member of the defendant after the defendant acquired the company C and succeeded to the employment.

Since then, on March 5, 2009, the Plaintiff was a defendant's internal director, and on January 4, 2010, he was appointed as the defendant's representative director and was entirely dismissed from the above internal director's and the representative director's position on August 21, 2014.

Article 34 of the Defendant’s articles of incorporation provides that “Remuneration or retirement allowance of officers shall be governed by the regulations on the payment of remuneration and retirement allowance for officers resolved at a general meeting of shareholders.”

【The Plaintiff’s assertion of the purport of the Plaintiff’s assertion as to the grounds for claim based on the entirety of the statements and arguments in Gap’s evidence No. 1, Eul’s evidence No. 1-2, and Eul’s evidence No. 2 as to the ground for claim. At the time of December 2012, Article 17 and Article 18 of the instant provision provide that, in consultation with D (the current representative director of the defendant), the Plaintiff would actually hold the remainder of the Defendant’s shares, excluding the Plaintiff’s shares owned by the Plaintiff, the provision on the payment of remuneration for officers and retirement allowances (hereinafter “instant provision”). Where an officer retires, the Plaintiff shall be paid retirement allowances calculated as “the total amount of wages for one year before retirement x 10% x 10% x 2.0 x 2.0 x 4 x 5 x 1005 x 2.05 x 104 x 2.05 x 105 x 2.05 x 105 x 105 x 104 x .

The defendant's argument is merely that the plaintiff created voluntarily, and the defendant did not establish such regulations or pay retirement allowances to the executive officers accordingly, and the defendant's rules of employment shall apply to the payment of retirement allowances to the executive officers like the general employees.

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