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(영문) 서울중앙지방법원 2015.05.14 2014가합36448
회장 해임 무효확인
Text

1. Of the instant lawsuit, the part concerning the claim for confirmation of invalidation by the board of directors made on August 19, 2008 shall be dismissed.

2. The defendant shall be the plaintiff.

Reasons

1. Basic facts

A. The relationship between the parties and each of the instant resolutions 1) The defendant is a juristic person conducting matters concerning the establishment and operation of child welfare facilities and adoption at home and abroad. The plaintiff was employed as the defendant on July 8, 1985, and the plaintiff was appointed as the defendant's president on January 15, 2005, and he was reappointed on January 15, 2008 and performed the president on January 15, 2008. 2) The defendant held a temporary directors' meeting on August 19, 2008, and decided one month of suspension from office (from August 25, 2008 to September 24, 2008) against the plaintiff.

(3) On September 19, 2008, the Defendant held a board of directors on September 19, 2008 and decided to dismiss the Plaintiff from the Defendant’s office as the chairperson of the Defendant (hereinafter “instant resolution of dismissal”). The instant resolution of dismissal is accompanied by the instant resolution of suspension from office.

(B) B. (1) The Plaintiff filed a lawsuit against the Defendant seeking confirmation of invalidity of each of the instant resolutions as Seoul Central District Court Decision 2008Gahap103606.

On June 18, 2009, the above court rendered a judgment dismissing the petition for nullification of the instant decision of dismissal on the ground that the dismissal resolution of this case was legitimate, and dismissed on the ground that the claim for nullification of the suspension resolution of this case is seeking confirmation of past legal relations and there is no interest in confirmation.

2. The Plaintiff appealed to this and filed an appeal with Seoul High Court No. 2009Na61027, and the appellate court added a claim seeking payment of KRW 112,509,600 among them, by asserting that the Plaintiff sustained damages equivalent to the benefits of KRW 221,920,406 and the retirement allowances from January 18, 201, which were the following day after the expiration of the three-year tenure from September 2008 at the appellate court.

On January 21, 2010, the above appellate court dismissed the appeal in accordance with the judgment of the first instance as to the lawsuit seeking confirmation of invalidity of each of the instant resolutions, and dismissed the additional claim for monetary payment on the ground that the resolution of dismissal of the instant case was lawful and cannot be deemed tort.

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