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1. The Defendant’s KRW 25,00,000 as well as 5% per annum from February 25, 2014 to September 24, 2015 to the Plaintiff.
Reasons
1. The following facts do not conflict between the Parties:
On January 5, 2009, the Plaintiff was employed as a director for a term of three years on February 17, 2010, who was employed as a director for a term of three years on February 17, 2013, and was employed as a director for a term of three years on February 17, 2013.
B. On December 9, 2013, the Defendant dismissed the Plaintiff from office by a resolution of the general meeting of shareholders.
C. Around the time of dismissal, the Plaintiff’s remuneration was KRW 5 million per month, and the Defendant did not pay the Plaintiff remuneration from July 2013 to the time of dismissal.
2. Determination on claim for damages caused by dismissal
A. The Plaintiff’s assertion (i) The reason why the Plaintiff was dismissed is that Nonparty C, who is a de facto shareholder of the Defendant, was divorced after the marriage with the Defendant, and that D was ordered to dismiss the Plaintiff.
As the Defendant dismissed the Plaintiff without any justifiable reason, it is liable to pay the Plaintiff the remuneration of KRW 130 million for 26 months from the date of dismissal to February 16, 2016 (i.e., the 5 million won per month x 26 months).
Luxembourg The reason why the defendant dismissed the plaintiff is that the plaintiff's management ability, business ability, and illegal act (use of corporate card) is reasonable and reasonable.
B. (i) According to Article 385(1) of the Commercial Act, a director may be dismissed at any time by a special resolution of the general meeting of shareholders, but if the term of office of a director is fixed and the director is removed before the expiration of the term without justifiable cause, he/she may claim for damages caused by the removal
Here, “justifiable cause” is insufficient to simply lose subjective trust relationship between a shareholder and a director, such as infertility, and when a director commits an act in violation of statutes or the articles of incorporation, or is considerably difficult to perform his/her duties as a mental or physical manager.