The judgment below

The part against the defendant is reversed, and that part of the case is remanded to the Daejeon High Court.

The plaintiff.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. The plaintiff's ground of appeal Nos. 3 and 4 and the defendant's ground of appeal No. 1

A. Article 26 subparag. 1 of the former Corporate Tax Act (amended by Act No. 10423, Dec. 30, 2010; hereinafter the same) provides that an amount deemed excessive or unjust as prescribed by Presidential Decree among personnel expenses shall not be included in deductible expenses when calculating the amount of income of a domestic corporation for each business year. Article 44(4) of the former Enforcement Decree of the Corporate Tax Act (amended by Presidential Decree No. 22812, Mar. 31, 2011; hereinafter the same) provides that “the amount exceeding any of the following amounts shall not be included in deductible expenses” (Article 44(4) of the former Enforcement Decree of the Corporate Tax Act (amended by Presidential Decree No. 22812, Mar. 31, 2011; hereinafter the same) provides that “where an amount is determined with retirement benefits (including retirement benefits, etc.) determined by articles of incorporation, the amount determined shall be included in deductible expenses; Article 26 subparag. 1 provides that “in cases other than subparagraph 1, the amount shall be included. 4.”

In light of the language and text of the above provisions or the legislative intent to prevent unfair reduction of corporate income, etc., the amount of retirement benefits to be paid to the executives or the payment of retirement benefits delegated by the articles of incorporation or the provision on payment of retirement benefits delegated by the articles of incorporation.