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(영문) 서울동부지방법원 2015.07.24 2015나818
이사회의 직무수당
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1.There is no dispute between the parties to the facts of recognition, or the following facts are recognized in full view of the purport of the entire pleadings in each entry of Gap evidence of No. 1, 7, 12, and 18 (including, if any, branch numbers):

A. On March 28, 2013, the Plaintiff was appointed as one of the ten directors prescribed in Article 15 of the Defendant’s Articles of Incorporation, and submitted to the Defendant a letter of resignation to resign directors on December 17, 2013. At the time, the director, who was in office of the Defendant, was ten persons including the Plaintiff.

B. Articles 15 (1) (1) of the Defendant’s Articles of Incorporation, which was in force on March 21, 2014, (2) and (3) of the Union, shall have the following officers:

3. Ten directors (including one vice-president) and the Defendant changed Article 15(1)3 of the Articles of Incorporation to “not less than 5 and not more than 10 directors (including one vice-president)” following the regular general meeting of cooperatives as of March 21, 2014.

(5) An executive whose term expires shall perform his/her duties until his/her successor is selected and appointed.

(2) Article 18 (Dismissal, etc. of Officers) (2) Where an officer resigns from his office or is removed under paragraph (1), a new officer shall be elected without delay.

In such cases, the new appointment of executive officers shall become effective externally when the head of the Gu approves the establishment of the association and changes of executive officers of the corporation are made.

(4) Where it is deemed inappropriate for an officer who resigns or is dismissed under paragraph (2) to perform his/her duties until a new officer is appointed or appointed, the head of the association may suspend his/her duties in accordance with a resolution of the board of directors or the board of representatives and temporarily appoint a person to perform the duties of an officer

Provided, That where the head of an association resigns or is dismissed, an auditor may temporarily appoint a person to perform his/her duties.

C. Meanwhile, the Defendant did not select and appoint a successor director on behalf of the Plaintiff who expressed his intention of resignation, which is the Plaintiff’s own director.

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