1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 13, 2006, the Plaintiff, C, D, E, F, G, and H held an inaugural general meeting and appointed D as a representative director and director, C, auditor, and established the Defendant corporation. At the time, the amount of investment was KRW 200,000,000, E, F, G, and H were KRW 10,000,000, respectively.

B. The articles of incorporation of the defendant corporation states that “the representative shall represent the defendant corporation and preside over various meetings of the defendant corporation, and shall be responsible for the management performance (Article 39). The labor cost of the members who provide labor to the defendant corporation shall be based on the criteria for payment of personnel expenses under separate bylaws (Article 43).”

C. From the time of the establishment of the Defendant Company, the Plaintiff served as the representative director of the Defendant Company, and on November 10, 2015, the execution of duties was suspended by the order of provisional disposition 2015Kahap1027, and on December 31, 2015, the registration of the Plaintiff’s retirement was completed.

On the other hand, around September 27, 2013, the Plaintiff received KRW 32,564,125 from the Defendant corporation as the interim settlement of retirement allowances from December 31, 201.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 10, 14, 16 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The Plaintiff’s assertion that the Defendant corporation paid a retirement allowance separately to the members of the Defendant corporation, and the Plaintiff provided labor as an employee who is not the employer of the Defendant company. As such, the Defendant corporation is obligated to pay a retirement allowance of 37,649,154 won during the period during which the Plaintiff provided labor (from January 1, 2012 to November 10, 2015) after receiving interim settlement of accounts for retirement allowance.

3. Determination

A. The articles of incorporation of the defendant corporation whether the plaintiff is entitled to claim a retirement allowance under the provisions of the defendant corporation shall serve as the defendant corporation with respect to the remuneration for officers.