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(영문) 대전지방법원 2017.11.09 2016나10597
퇴직금
Text

1. The judgment of the court of first instance is modified as follows.

The Defendant’s KRW 50,323,333 to the Plaintiff and its related expenses on July 2, 2016.

Reasons

Basic Facts

From October 1, 2005, the Plaintiff worked as the vice president from Defendant B Co., Ltd. (hereinafter “Defendant Company”) and worked as the vice president on March 13, 2012.

On June 10, 2013, the Plaintiff entered into a contract with D to transfer 67,340 shares, which are 33.7% of the total outstanding shares of the Defendant Company, to KRW 1,234,56,667. On June 28, 2013, the Plaintiff prepared a certificate of transfer and takeover of shares, which transferred the shares to D and received the full payment, and on the same day, the Plaintiff retired from the Defendant Company while resigned from the representative director, and D was appointed as the inside director of the Defendant Company.

Meanwhile, according to the articles of incorporation (Article 37) of the Defendant Company, the provision on the payment of retirement allowances for executive officers (hereinafter “instant provision on retirement allowances for executive officers”) that has been implemented with the approval of the general meeting of shareholders is stipulated as follows:

Article 3 (Payment Rate of Retirement Allowances) (1) Retirement allowances shall be accumulated for the period of officers' holding office by applying the following payment rates:

The Plaintiff received from the Defendant Company a total of KRW 182,634,30,00 from July 10, 2013, including KRW 170,94,068, and KRW 11,640,232, on June 29, 2016, as retirement allowances, the total amount of KRW 182,634,30,00, which was 2.0,000, non-2.5, non-2.5, non-2, non-2, non-2, non-2, non-2, non-2,00.

[Ground for recognition] In the absence of dispute, Gap evidence 2, Gap evidence 5, Gap evidence 6, Gap evidence 7-1, 2, Gap evidence 9-4, Eul evidence 7-7, and the purport of the whole pleadings, in relation to the calculation method of retirement allowance to be received by the plaintiff alleged by the plaintiff, the final retirement allowance payment rate according to the position at the time of retirement shall be applied to the period before the plaintiff worked as an executive officer in accordance with the provisions of the retirement allowance for officers of this case.

Therefore, the defendant company shall pay the plaintiff a retirement allowance of KRW 272,349,830, which was already paid to the plaintiff.

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