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(영문) 대전고등법원(청주) 2016.09.13 2015나11787
퇴직공로금 지급
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

Reasons

1. Basic facts

A. The Plaintiff’s status and the provision of the articles of incorporation of the Defendant Company 1) on March 18, 1994, the Plaintiff joined the Defendant Company and retired on March 21, 2015, and was paid KRW 297,232,311 as a statutory retirement allowance from the Defendant Company on March 30, 2015. (2) The contents relating to the instant case in the Articles of incorporation of the Defendant Company are as follows. The content of this part was not changed since July 1, 1996 until the Plaintiff retires.

Article 25 (Term of Office of Directors) The terms of office of directors shall be until the closing of a regular general shareholders' meeting in respect of the final settling term within three years after their inauguration.

However, the term of a director appointed by a vacancy or an increase in the company shall be the remaining term of the predecessor.

Article 34 (Remuneration and Retirement Allowance) The remuneration or retirement allowance of executives and auditors shall be determined by a resolution of the general meeting of shareholders.

B. C, the representative director of the Defendant Company and the actual shareholder of the Defendant Company, are 30,000 shares equivalent to 10% out of the total shares of the Defendant Company from 1994 to 2000 (hereinafter “instant shares”).

(2) On March 22, 2012, and on March 26, 2012, C discussed the issue of retirement of the Plaintiff, whose term of office expires as the director of the Defendant Company as of March 22, 2012, and the return of the instant shares on March 26, 200, and the Plaintiff did not consent to the return of the instant shares, following a tax investigation conducted in March 200.

3) On March 28, 2012, the Plaintiff’s written confirmation (hereinafter “instant written confirmation”) as follows.

) The draft amendment of the articles of incorporation was prepared and presented to C, and C signed and sealed the instant confirmation document (hereinafter referred to as “instant confirmation”).

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