logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안양지원 2017.01.12 2015가단9989
급여 등
Text

1. Of the principal lawsuit of this case, KRW 55,760,525 and the delivery date of a copy of the complaint of this case to the principal lawsuit of this case shall be September 30, 2015.

Reasons

The principal lawsuit and counterclaim of this case shall be deemed to be filed together.

1. Basic facts

A. On April 16, 2013, the Defendant is a company running environmental pollution prevention facility business, construction business, etc., and received a decision to authorize the rehabilitation plan on December 27, 2013 after receiving the decision to commence the rehabilitation procedure (hereinafter “decision to commence the rehabilitation procedure in this case”) by Seoul Central District Court 2013hap66, and the rehabilitation procedure in this case was completed on February 28, 2014.

B. At the time of the commencement of the instant rehabilitation procedure, the Plaintiff retired from office as a registration director in charge of finance from around 1985 to January 2, 2014, and was holding 2.05% of the Defendant’s shares as of May 1, 2013.

C. The defendant provides for the remuneration of directors and retirement allowances as follows.

[Articles of incorporation and Article 39 (Remuneration and Retirement Allowance for Directors) (1) The remuneration of directors shall be determined by a resolution of the general meeting of shareholders

(2) The payment of retirement allowances for directors shall be made by the regulations on the payment of retirement allowances for directors.

[Regulations on Retirement Allowances for Officers in Chapter 2] Article 10 (Purpose) of the Rules on Retirement Allowances for Officers and Auditors is to stipulate matters concerning the payment of retirement allowances for directors and auditors.

Article 11 (Scope of Application)

1. These provisions shall apply to the officers of not less than directors.

2. A person who works under a separate contract that receives treatment equivalent to an executive officer shall be subject to that separate contract and shall not be subject to this provision;

Article 12 (Retirement Allowance to be Paid) The retirement allowance under the provisions of this Article shall be paid in cases where a person who has been appointed as an executive and has served for at least one year and has retired or died.

Provided, That in cases of transfer to an affiliated company, the retirement allowance may be paid even if the period of office falls short of one year.

Article 13 (Calculation of Retirement Allowances for Officers) Retirement allowances for officers shall be calculated as follows:

An officer's retirement allowance = Average wage of an officer under Article 14 (Average Wage) 】 The total amount of wages paid within three months before his/her retirement as at the time of his/her retirement shall be transferred.

arrow