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(영문) 서울남부지방법원 2016.04.07 2015가단222634
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff was a director of the Defendant, who was operated by the husband C, and the term of office was up to March 1, 2015.

B. While the Plaintiff and C had suffered family ties, there was a dispute over the property division issue regarding the real estate owned by the Defendant.

C. On August 6, 2014, C, the representative of the Defendant and the largest shareholder, held a general meeting of shareholders, and resolved to dismiss the Plaintiff from office on the grounds that the Plaintiff caused confinement, intimidation, and damage to the Defendant, and the same month.

8.7. The dismissal registration was completed. D.

The defendant's articles of incorporation and the rules on payment of retirement allowances for officers, Article 34 (Remuneration for Executive Officers) of the Articles of Incorporation shall be prescribed by a resolution of a general meeting

Article 37 (Retirement Allowance of Executive Officers) (1) The retirement allowance of executive officers shall be paid in accordance with the payment regulations of separate retirement allowance for executive officers prescribed by a resolution

Article 3 (Calculation of Retirement Allowances) (1) The retirement allowance of an executive officer shall be the average monthly amount of remuneration immediately before his/her retirement x the number of years of service x the payment rate.

The average monthly amount of remuneration before retirement shall be the total amount of remuneration paid for three months from the month immediately before the occurrence of grounds.

[Ground of recognition] Facts without dispute, Gap3, 4 evidence, Eul evidence 1, the whole purport of the pleading

2. The Plaintiff’s assertion that the Defendant dismissed the Plaintiff from office without justifiable grounds. Accordingly, pursuant to Article 385(1) of the Commercial Act, the Defendant is obligated to compensate for the amount equivalent to the Plaintiff’s property damage, namely, the amount of remuneration up to March 1, 2015, up to 50,232,257 won and the amount equivalent to the amount of unpaid retirement pay, up to 14,661,918 won, and the amount equivalent to the amount of unpaid retirement pay.

3. On the premise that the Plaintiff suffered a substantial loss in the amount of remuneration and retirement allowance, the Plaintiff should be recognized to have a claim for remuneration and retirement allowance against the Defendant.

Article 388 of the Commercial Act provides that "the remuneration of a director shall be determined by the articles of incorporation."

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