이사사임등등기절차 이행
1. The defendant's appeal is all dismissed.
2. The costs of appeal shall be borne by the Defendant.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the judgment of the court of first instance cited by the court of first instance is the same as the reasoning of the judgment of the court of first instance, except for the addition of the judgment by this court under paragraph (2) to the statement of the reasoning of the court of first instance.
2. Additional determination by this Court
A. Article 689(1) of the Civil Act provides that “A delegation agreement may be terminated at any time by either party.”
However, since the plaintiff A voluntarily agreed not to resign from the defendant's representative director and director's position, the plaintiff A expressed his unilateral intention to resign from the defendant.
Even if resignation does not take effect, it shall not take effect.
B. Determination 1) Article 689(1) and (2) of the Civil Act merely merely provides a voluntary provision and thus, it may exclude the application of the above provision or otherwise determine the content of the agreement. In addition, in cases where a party concludes an agreement with respect to the grounds and procedures for termination of delegation contracts, liability for damages, etc. different from the provisions of Article 689(1) and (2) of the Civil Act, such agreement may be deemed to have the purport of clarifying the legal relationship between the parties with the effect of the parties, and at the same time protecting the safety of transaction and their trust, it shall not be readily concluded that it is of a critical nature. Therefore, if a party entered into a delegation contract with a different content as stipulated in Article 689(1) and (2) of the Civil Act, barring any special circumstance to deem that Article 689(1) and (2) of the Civil Act applies independently from such agreement, the contract may not be terminated without resorting to the grounds and procedures for termination as stipulated in the agreement, and the legal relationship between the parties as to the liability for damages shall be governed by the agreement (see Supreme Court Decision 2015Da.