On May 22, 2006, the defendant was enrolled in the plaintiff and promoted to the vice head on September 3, 2007, and was appointed on March 31, 2009. The plaintiff was decided to dismiss the defendant at the temporary general meeting of shareholders held on April 30, 2010.

B. The Plaintiff and the Defendant asserted that, even though they were duly performing their duties as the Defendant’s auditor, they committed various illegal acts in the course of dismissing themselves without any justifiable reason, the Plaintiff filed a lawsuit for damages as Chuncheon District Court 2012Gahap1320, and the Plaintiff also filed a counterclaim as 2012Gahap1603 on the grounds of the Defendant’s illegal acts or nonperformance of obligations.

(2) On November 3, 2013, the instant court dismissed both the Defendant’s principal claim and the Plaintiff’s counterclaim. Each of the Defendant and the Plaintiff appealed to Seoul High Court (Chuncheon) 2013Na3144 (Main), 2013Na3151 (Counterclaim).

(3) Article 415 and Article 385(1) of the Commercial Act provides that a stock company may be subject to a special resolution of the general meeting of shareholders at any time, and if an auditor is dismissed before the expiration of his/her term of office without justifiable grounds, the said appellate court is obligated to pay the amount equivalent to the remuneration that could have been paid if the Plaintiff was in office as the auditor who was the damage incurred to the Defendant due to the expiration of his/her term of office, as he/she was dismissed without justifiable grounds. < Amended by Act No. 11308, Oct. 15, 2014; Act No. 1060, Apr. 30, 2010; Act No. 11384, Mar. 30, 2012>