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(영문) 대전지방법원천안지원 2015.10.06 2014가합324
이사 보수
Text

1. The Defendant’s KRW 57,612,66 for the Plaintiff and KRW 5% per annum from February 4, 2014 to October 6, 2015.

Reasons

Basic Facts

The plaintiff and the defendant related to the defendant are companies established for the purpose of manufacturing and selling automobile parts.

The plaintiff holds 6.69% of the shares issued by the defendant, who was employed as the defendant's director from March 14, 2003, and was appointed as the defendant's representative director on August 31, 201, was reappointed at the defendant's ordinary shareholders' meeting held on March 27, 201, and the defendant's meeting held on the same day was reappointed as the representative director.

On June 6, 2012, the defendant's board of directors resolution on the dismissal of the representative director of the plaintiff (hereinafter "the first board of directors of this case") held on June 6, 2012, five of the defendant's eight directors present at the defendant's board of directors and dismissed the plaintiff from the representative director with the consent of all the members present at the board of directors and

On June 22, 2012, the defendant's board of directors held on June 22, 2012 (hereinafter "the second board of directors of this case") attended by five of the defendant's eight directors, and dismissed the plaintiff from the representative director with the consent of four of the present directors, and passed a resolution to appoint C and D as the joint representative director.

On December 20, 2012, at the Defendant’s temporary general meeting of shareholders held on December 20, 2012 (hereinafter “the instant temporary general meeting of shareholders”), a resolution was passed to dismiss the Plaintiff from the board of directors with the consent of 8.96% of the shareholders present at the meeting and 53.89% of the shares issued by the Defendant.

The parts relating to this case in the defendant's articles of incorporation are as follows.

[Articles of Incorporation of the Defendant] 34 (Term of Director's Term of Office) (1) The term of office of director shall be three years.

However, the term of office shall be extended until the closing of the general meeting where the term of office expires after the closing of the last period for the settlement of accounts.

Article 38 (Composition and Convocation of Board of Directors) (1) The board of directors shall be composed of directors.

(2) The board of directors shall have a representative director or a director determined separately.

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