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(영문) 수원지방법원성남지원 2014.11.26 2014가합204310
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company that operates rubber and plastic products manufacturing, selling, and exporting/importing business.

From November 5, 2004, to April 28, 201, the date of establishment of the Plaintiff, the Defendant served as the Plaintiff’s director. From April 29, 2011, the Defendant retired on April 29, 201, while taking office as the Plaintiff’s intra-company director.

B. (1) On March 27, 2012, the Plaintiff and D, at the time of the Plaintiff and D’s representative director, issued a promissory note with the Defendant as of May 30, 2014, which was the Plaintiff and D, the issuer and D, the payee, the Defendant, the face value, 50 million won, and the due date. On the same day, a promissory note No. 297, which was signed by the Defendant and D, to recognize compulsory execution if the payment of the said promissory note was delayed by the Plaintiff and D’s office as of May 30, 2014 (hereinafter “instant authentic deed”).

(2) On June 12, 2014, the Defendant, based on the instant notarial deed, was issued a ruling to commence a compulsory auction for real estate by Sungnam Branch E for the real estate in the attached list owned by the Plaintiff.

C. The Plaintiff’s provision on the payment of retirement allowances to officers and the agreement with the Defendant (1) was newly established on April 27, 201, with the approval of all the shareholders (the total number of shares 40,000 shares). In the above provisional shareholders’ meeting, Article 35(2) of the Plaintiff’s articles of incorporation was amended as follows: “The retirement allowances of retired officers shall be governed by the rules on the payment of retirement allowances to officers following the resolution of the general shareholders’ meeting.”

[Provisions on Payment of Retirement Allowance for Officers] (1) This provision shall apply to representative directors, directors, and auditors.

Retirement allowances for officers of Article 3 (Reasons for Payment) shall be paid when any of the following grounds arises:

(1) Article 4 (Calculation and Payment of Retirement Allowance of Executive Officers) (1) The calculation of retirement allowance of executive officers shall be [average wages (basic wages, bonus, etc. ¡¿ payment rate 】

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