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(영문) 울산지방법원 2016.12.22 2015가합1693
보수금 등
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 parties concerned are companies that have their headquarters in Jeju, and engage in real estate sale and lease business, tourist hotel and related facility operation business, etc. The Plaintiff was appointed as a director at the temporary general meeting of shareholders of the Defendant Company called up on August 8, 201, and the board of directors was appointed as a joint representative director with D on the same day.

B. On October 17, 201, the Plaintiff passed a resolution to resign and dismiss the Plaintiff’s representative director, and the Plaintiff was appointed as a joint representative director. On March 24, 2012, the Plaintiff was dismissed from office as a director by a resolution of the general shareholders’ meeting of the Defendant Company.

C. On September 1, 2011, the Plaintiff filed a complaint against the charge of forging private documents in the name of the Defendant’s manager, including the fabrication of private documents, on the grounds that: (a) the Defendant’s manager, F and G, a management manager, stolen the Plaintiff’s name as the representative director, forged the understanding note on casino business and the attorney’s appointment, etc.; and (b) the Jeju District Court issued a summary order of KRW 1,00,000 each fine to F and G on February 7, 2013.

The articles of incorporation of the defendant are as follows.

Article 31 (Term of Directorship) The term of office of director shall be three years.

However, the term of office shall be extended until the closing of the general meeting where the term of office expires before the general meeting of shareholders in the term for the settlement of accounts.

Article 40 (Remuneration and Retirement Allowance for Directors) (1) Directors shall be determined by a resolution of the general meeting of shareholders.

(2) The payment of retirement allowances for directors shall be made by the rules for the payment of retirement allowances for executives.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 5, Gap evidence 9 through 23, Eul evidence 1 (including each number, hereinafter the same), the purport of the whole pleadings

2. The assertion and judgment

A. The parties’ assertion 1) The limits of directors’ remuneration are set forth in Plaintiff A; KRW 1,500,000,000 in a temporary general meeting of shareholders held on August 8, 201; and KRW 1,00,000,00 in a temporary general meeting of shareholders held on October 4, 2011; thus, the Defendant approved each of the limits of directors’ remuneration to the Plaintiff.

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