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1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 20% per annum from June 22, 2013 to the day of complete payment.
Reasons
1. Basic facts
A. The Plaintiff joined the Defendant on April 1, 1996, and was appointed as the Defendant’s director and representative director on September 16, 2002, and reappointed on August 4, 201.
B. The main contents of the Defendant’s articles of incorporation and the rules on the payment of retirement allowances for officers are as follows.
[Articles of Incorporation Article 33 (Remuneration and Retirement Allowance) (2) The payment of retirement allowances to directors and auditors shall be governed by separate rules on payment of retirement allowances for additional officers.
[Provisions on Payment of Retirement Allowance for Officers] (1) This provision shall apply to representative directors, directors, and auditors.
(2) Officers under this provision shall be limited to registered officers.
Article 3 (Grounds for Payment) Retirement allowances for executive officers shall be paid when any of the following grounds arises:
(1) The calculation of retirement allowances for executive officers shall be based on the calculation of retirement allowances for executive officers (average wages (average wages, bonuses, etc.) ¡¿ payment rate ¡¿ the number of years of service).
(2) Average wages which are the basis for calculation of retirement allowances = Monthly wages for three months immediately preceding the month to which the date of retirement belongs/annual bonuses for one year immediately preceding the retirement/12.
Article 6 (Calculation of Annual Officers) Where an executive officer is reappointed of each position, five times the number of representative directors, directors, or auditor's average wages shall be paid by multiplying the rate of payment by position by the number of years of his/her service as at the time of retirement by the number of years of his/her service
[Reasons for Recognition] Uncontentious Facts, Gap evidence 2-1 to 3, Gap evidence 4, the purport of the whole pleadings
2. According to the above facts finding as to the claim for retirement allowance, the defendant is obligated to pay the retirement allowance calculated in accordance with the above provision for the payment of retirement allowance to the plaintiff.
Furthermore, comprehensively taking account of the overall purport of the arguments in the statement No. 2-3 and No. 2 as to the amount of retirement pay to be paid by the Defendant to the Plaintiff, the period during which the Plaintiff served as the representative director in the Defendant from September 16, 2002 to November 11, 2011.