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(영문) 서울고등법원 2017.06.09 2016나2067302

임금

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The defendant as a party ("the defendant company") is a stock company established on December 21, 1996 for the main purpose of chromosome and salting, and started its business after being awarded a successful bid at the auction procedure on May 25, 1996.

On May 17, 2011, the Plaintiff was appointed as the auditor of the Defendant Company.

From office as an auditor to June 2012, the Plaintiff was paid monthly remuneration, and the remuneration is composed of the principal salary (2.35 million won per month until December 201, and 2.46 million won per month from January 201, 201), allowances (2.9 million won per month), bonuses (main salary x 4.50%).

B. On July 3, 2012, the Defendant Company held a temporary general meeting of shareholders on July 3, 2012 and resolved that “the Plaintiff shall be dismissed from the audit office.” The Defendant Company did not pay any remuneration to the Plaintiff from that time.

The shareholders of the defendant company filed a lawsuit to confirm the absence of the resolution of the general meeting of shareholders on the ground that the shareholders of the defendant company did not hold the board of directors for the convocation of the general meeting and did not notify the shareholders of the convocation of the general meeting.

The above court accepted this decision and sentenced the judgment that the above decision did not exist, and the above judgment became final and conclusive on January 14, 2015.

Article 21. The number of directors and auditors of the defendant company shall be three or more directors, while the number of auditors shall be one or more.

The term of office of the auditor under Article 25 shall be until the closing of a regular general meeting of shareholders in respect of the last period for the settlement of accounts within three years after his/her inauguration.

Article 31 Remuneration of an executive officer or retirement allowance of an executive officer or employee shall be determined by a resolution of a general meeting of shareholders.

C. Facts that there is no dispute over the part related to this case in the articles of incorporation of the defendant company (based on recognition), Gap evidence Nos. 1 through 3, 26, 29, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The representative director D of the defendant company to the purport of the plaintiff's assertion is established after the establishment of the defendant company.