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(영문) 서울중앙지방법원 2014.06.26 2013가합36458
손해배상
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C companies located in Japan (hereinafter “C”) are substantially controlling D companies and E companies located in the United States of America (hereinafter “D”) (hereinafter “E”), and were established around June 13, 201 and became one shareholder of the Defendant.

B. On June 29, 2011, the Plaintiff entered into an employment contract with E and continued to serve as the representative director of the Defendant, who was on February 22, 201, while working at E’s domestic place of business from August 2011, and was appointed as the representative director of the Defendant. On August 22, 2012, the Plaintiff entered into an employment contract with D (hereinafter “instant employment contract”).

Each of the above employment contracts includes the phrase “may freely terminate the employment relationship for any reason”.

C. D notified the Plaintiff of the termination of the instant employment contract on April 9, 2013, and on April 15, 2013, the Plaintiff was dismissed from the Defendant’s representative director according to the Defendant’s resolution of the general meeting of shareholders.

While the Plaintiff is in office as the representative director of the Defendant, he/she received remuneration from E until August 2012 according to each of the above employment contracts, and from September 2012 to September 2012, respectively.

E. Article 31(1) of the Defendant’s articles of incorporation provides that the term of office of a director shall be three years.

[Based on Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 5, 11 (including each number; hereinafter the same shall apply), Eul evidence Nos. 1, 4, 5, 10, 12 through 17, the purport of the whole pleadings

2. The Plaintiff’s term of office of the Plaintiff’s assertion shall be until February 21, 2015, where three years have elapsed pursuant to Article 31(1) of the Articles of incorporation, and the Defendant dismissed the Plaintiff before the expiration of the term of office without justifiable grounds.

Therefore, a director can be dismissed at any time by a resolution of the general meeting of shareholders under Article 434.

However, in case where the term of office of a director is fixed, he shall be dismissed without any justifiable reason before the expiration of such term.

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