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(영문) 서울동부지방법원 2019.05.17 2018가합106478
이사사임등기절차 이행청구
Text

1. On January 5, 2018, the Defendant shall implement the procedure for registering the resignation of an intra-company director on the ground of resignation to the Plaintiff.

2...

Reasons

1. The plaintiff was registered as a director of the defendant's intra-company director from January 10, 2005, and since the above date, the plaintiff was registered as a director of the defendant's company.

On January 3, 2018, C sent to the Defendant, on behalf of the Plaintiff, a content-certified mail stating that the Plaintiff resigned from the Defendant’s director, and the above mail reached the Defendant on January 5, 2018.

【Ground for recognition】 The fact that there has been no dispute, entry of Gap's 1 through 3, the purport of whole pleadings

2. Determination on the claim of this case

A. Pursuant to Article 382(2) of the Commercial Act and Article 689(1) of the Civil Act, a director may terminate a delegation contract with the company at any time, and such resignation shall take effect upon arrival of such declaration of intention to the representative director, etc. of the company.

In the instant case, comprehensively taking account of the aforementioned facts, it may be recognized that the Plaintiff’s declaration of intention to resign from office reaches the Defendant on January 5, 2018, and thus, the Defendant is obligated to implement the registration procedure for resignation of director on January 5, 2018 to the Plaintiff.

B. The defendant's argument regarding the defendant's assertion that the plaintiff did not resolve the issue of retirement allowance, health insurance premium, pension premium, partner's price, office rent, etc. of employees of the branch office, and withdrawn money for personal use from the defendant's corporate account while directly operating the defendant's main office, which is the defendant's branch. Thus, the defendant asserts that the defendant did not have a duty to implement the registration procedure for resignation of the director until the plaintiff solves

However, as seen earlier, the Plaintiff may terminate the delegation contract with the Defendant at any time, and the above reasons alleged by the Defendant do not interfere with the termination of the Plaintiff’s delegation contract. Therefore, the Defendant’s above assertion cannot be accepted.

In addition, the defendant's director is currently the plaintiff.

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