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(영문) 서울동부지방법원 2019.06.27 2018가합106881
손해배상(기)
Text

1. The Defendant’s KRW 422,070,552 to Plaintiff A, KRW 401,55,657 to Plaintiff B, and each of the said money from June 28, 2018.

Reasons

1. Basic facts

A. (1) On March 3, 2017, Plaintiff A assumed office as the Defendant’s director and representative director, and Plaintiff B as the Defendant’s director (the Defendant’s director’s term of office is three years according to the Articles of Incorporation) on March 3, 2017.

(2) The Defendant is a company established for the purpose of educational, cultural, social, and cultural service business. D (hereinafter “D”) holds 78,87% of the shares issued by the Defendant (1,420,00 shares) and is a shareholder and a company under the Act on External Audit of Stock Companies, Etc. and the Enforcement Decree thereof.

B. D demanded the Defendant to convene an extraordinary general meeting of shareholders on the agenda of the Defendant’s representative director and the dismissal of directors. Accordingly, at the temporary general meeting of shareholders held on March 21, 2018, the resolution of the Plaintiff A to dismiss the Plaintiff from the representative director and directors, and the Plaintiff B from the directors was adopted. The grounds for dismissal by the Plaintiffs were “the lack of efforts to improve management performance and management”.

On April 2, 2018, the registration of dismissal of the plaintiffs was completed as of April 2, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, 4 (including branch numbers, hereinafter the same shall apply), Eul evidence 3 and 4, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiffs' assertion as plaintiff A is the defendant's director and the representative director, and the plaintiff B is a defendant's director and has faithfully performed their respective duties. Thus, it constitutes a case where the defendant dismissed the plaintiffs from office before the expiration of their term of office without justifiable grounds.

Plaintiff

A The term of office from March 22, 2018 to March 2, 2020 on the day following the day following the day on which he/she was dismissed, shall be 440,241,428 won [the amount equivalent to the remuneration which he/she may receive when he/she is a director until March 2, 2020, [the amount of basic monthly salary 18,858,200 x (23 months x 10/29 months)] and retirement allowance amounting to 226,298,40 won (the amount of basic monthly salary x 18,858,200 x the number of years of office x 3 x the rate of payment x 4) totaled 66,539,828 won, and the date of dismissal of the plaintiff B due to

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