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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
In fact, the defendant is a company that operates franchise facility construction business, industrial facility manufacture and installation, etc., and the plaintiff is a person who has served as the defendant's executive director.
The Defendant’s establishment and the Plaintiff’s retirement from office established the Defendant together with C, D, and E on January 24, 2002. From January 24, 2002 to June 30, 2015, the Plaintiff retired from office as the Defendant’s managing director. The Plaintiff received KRW 123,162,650 as retirement pay on July 15, 2015.
Article 4 (Calculation of Retirement Allowances for Officers) (1) The calculation of retirement allowances for executive officers shall be [average wages (average wages) x re-employment training x payment rate] of the draft provision for the payment of retirement allowances for executive officers.
(2) The payment rates shall be as follows:
Article 4 (Calculation of Retirement Allowances) ① Article 4 (Calculation of Retirement Allowances) (1) of the Regulations on Payment, which becomes final and conclusive, based on the status corresponding to the standing auditor, of the managing director 3.5-monthly executive director 4-monthly 4-monthly 4-monthly 4-monthly 6-monthly 4 months-year 4 months-year 4 months-year-end 4 months-year-end 4 months-year-end 4 months-end executive
(2) The payment rates shall be as follows:
The main contents of the Defendant’s draft rules on the payment of retirement allowances for executives (hereinafter “the draft payment rules”) and the final rules on the payment of retirement allowances for executives (hereinafter “determined payment rules”) are as follows, based on the Defendant’s draft rules on the payment of retirement allowances for executives, which correspond to the status corresponding to the standing auditor for 1.5-month executive director with 1.5-month executive director with 1.5-month executive director with 2-month number of the year in which he/she holds office as the non-standing president.
[Reasons for Recognition] According to the draft of the payment provision adopted at the Plaintiff’s inaugural general meeting as to facts without dispute, Gap’s evidence 2 through 4, 7, Eul evidence 8, witness E’s testimony, the purport of the entire pleadings, and the assertion of judgment, the board of directors shall pay the executive director a retirement allowance of 3.5 months per year of his/her service.
However, the defendant arbitrarily changed the payment rules without going through due process, such as a resolution of a general meeting of shareholders to amend the articles of incorporation.