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(영문) 부산지방법원 2016.12.02 2016가단315382
이사보수금등 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff determined the cause of the claim. The Defendant Company is a company established for the purpose of wholesale and consignment sales business of agricultural products on August 16, 200, and the Plaintiff is a standing director from March 30, 2008 to March 31, 2008, and is the representative director from March 31, 2008 to March 31, 2013, again works in good faith as a standing director from April 1, 2013 to March 31, 2016. The Defendant Company is obligated to pay the Plaintiff’s reasonable remuneration and delayed payment for the tort, since the Plaintiff was dismissed from the office of the representative director, and the Plaintiff Company again works as a standing director was discharged from the office, and the Plaintiff did not pay the Plaintiff’s reasonable director remuneration and delayed payment for the tort from April 1, 2013 to March 31, 2016.

According to the purport of evidence No. 1, corresponding thereto, as a director from March 30, 2008 to March 30, 2008, the fact that the Plaintiff served as the representative director from March 31, 2008 to March 31, 2013, and again as a director from April 1, 2013 to March 31, 2016 can be acknowledged. However, the above fact of recognition alone is insufficient to recognize the Plaintiff’s assertion of the cause of claim, and there is no other evidence to acknowledge it.

Rather, according to Article 338 of the Commercial Act, “the remuneration of directors shall be determined by the resolution of the general meeting of shareholders if the amount is not determined by the articles of incorporation,” and if the whole purport of pleadings is added to each of the statements in subparagraphs 1 through 7 (including each number), the defendant company’s articles of incorporation provides that “the remuneration of executives of the principal company shall be determined by the general meeting of shareholders, and each of them shall be determined by the resolution of the board of directors,” and accordingly, the defendant company shall be the total remuneration of executives.

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