(영문) 서울동부지방법원 2016.12.22 2016가합104775

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(영문) 서울동부지방법원 2016.12.22 2016가합104775

퇴직금 등 지급청구

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) The defendant is a company established around July 31, 1999 for the purpose of the manufacture, wholesale, retail, export, and import, etc. of engineering plastic products, traffic safety facilities, the total number of issued stocks was KRW 20,000,000,000, and KRW 200,000,000,000. (2) The plaintiff was a shareholder and director (in-house director from April 12, 2010) of the defendant who acquired all issued stocks of KRW 20,00,000, and was appointed as the defendant's director and representative director at the time of the establishment of the defendant, and worked as the defendant's president.

B. (1) The Defendant’s articles of incorporation provides that “(i) the total amount of remuneration of directors shall be determined by the resolution of the general meeting of shareholders with respect to the remuneration of directors and retirement allowances. (iii) The payment of retirement allowances to directors shall be governed by the provisions on the payment of retirement allowances for executives which have gone through the resolution of the general meeting of shareholders.” (ii) On March 31, 2010, the Plaintiff passed a resolution to amend the articles of incorporation, which included the provisions on the payment of retirement allowances for executives, which include the amount equivalent to 1/10 of the total salary paid for one year before retirement x the number of years of continuous service x 5 (hereinafter “instant provisions on retirement allowances”).

C. On October 28, 2015, the Plaintiff entered into a share transfer agreement with C to sell 20,000 won in total the shares owned by the Plaintiff to C. D.

On March 9, 2016, the Plaintiff resigned from the Defendant’s representative director and company director (president) office.

E. The amount of retirement allowance of the Plaintiff calculated in accordance with the provisions of the instant retirement allowance is KRW 708,795,000.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 4, and 7 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. According to the facts acknowledged prior to the determination of the cause of the claim, the Defendant, barring any special circumstance, shall be the Plaintiff and the Plaintiff.

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