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(영문) 서울중앙지방법원 2019.05.03 2018가합501438
퇴직금지급
Text

1. As to the personal retirement pension account (Account Number: D) in the name of the plaintiff to C, the defendant.

Reasons

1. Facts of recognition;

A. 1) The Defendant is a juristic person established on June 3, 2008 with its business purpose, such as industrial machinery equipment equipment, lease, and sales business, and the Plaintiff is a person retired from office in the Defendant as a registration director from the time of the establishment of the Defendant and around 2017. 2) The Defendant’s shareholder consists of E, a representative director, E, and F, his spouse, and the Plaintiff. The E and F hold 8,00 shares in total, and 2,00 shares in total.

However, on October 30, 2017, the Plaintiff submitted to the Defendant a letter of waiver of the Plaintiff’s shares to the effect that the Plaintiff renounces the ownership of the shares owned by the Plaintiff.

B. Article 49(2) of the Articles of incorporation at the time of the establishment of the Defendant provides that “The payment of retirement allowances for directors shall follow the rules on the payment of retirement allowances for executive officers subject to a resolution of the general meeting of shareholders.” However, there was no separate provision on the payment of retirement allowances for executive officers at that time. 2) After December 15, 2011, the Defendant enacted a provision on the payment of retirement allowances for executive officers under Article 49 of the Articles of incorporation (hereinafter “instant rules on retirement allowances for executive officers”) by holding a temporary general meeting of shareholders on December 15, 201 (a).

Among the contents of the retirement allowance provision of this case, the contents of this case are as follows.

Article 49 (Remuneration of Director and Retirement Allowance) The remuneration of officer or retirement allowance of officer shall be determined by a resolution of the general meeting of stockholders.

1) The payment of remuneration for officers and retirement allowances shall be governed by the rules on the payment of remuneration for officers and retirement allowances to officers as determined by the resolution of the next general meeting of shareholders. 2) This provision shall apply only to registered directors of the head office.

Paragraph (1) (Methods of payment of retirement allowances and retirement consolation benefits) shall, in principle, be paid in cash, and at the request or consent of the retired person.

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