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(영문) 서울동부지방법원 2015.04.22 2014나4127
자동차인도 등
Text

1. Each appeal filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) and all counterclaim claims filed in the trial are dismissed.

Reasons

1. As to this part of the claim, this court's reasoning is as stated in the judgment of the court of first instance, except where the statement No. 13 is added as evidence insufficient to admit the defendant's assertion, and thus, this part of the claim is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. As to the counterclaim

A. On April 12, 2013, the Defendant’s assertion that he/she is the vice-chairperson even after his/her resignation from the Plaintiff’s representative director, and agreed to externally act as the representative director and perform his/her duties by the 25th day of the same month. As such, the Plaintiff is obligated to pay the Defendant benefits for the above period based on the existing monthly salary of KRW 11,00,000,000, and damages for delay.

B. On April 12, 2013, the Plaintiff’s board of directors opened on April 12, 2013 recommended the Defendant to act as the vice-chairperson by failing to publish the resignation of the representative director, and the Defendant did not work as the Plaintiff’s office, and the Defendant did not attend the Plaintiff’s office from April 23, 2013 to April 25, 2013 to the effect that, in addition to the overall purport of the pleadings in the evidence Nos. 11-2, and Nos. 11-2, and 13, the Plaintiff’s representative director (the Defendant and the respective representative director) demanded the Defendant to have the Defendant abide by his honor, and that he would act as the vice-chairperson if he did not resign the representative director. However, the Defendant did not appear as the Plaintiff’s representative director at the Plaintiff’s office, and the Defendant did not appear as the Plaintiff’s representative director at the Plaintiff’s meeting other than the Plaintiff’s qualifications under the Plaintiff’s seminars from Apr. 23, 2013 to the same month.

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