Text
1. The plaintiff's appeal is dismissed.
2. The plaintiff's ancillary claim that was changed in exchange at this court.
Reasons
1. Basic facts
A. On July 2009, the Plaintiff entered the Defendant by concluding a labor contract with the Defendant, a stock company with the purpose of manufacturing and selling animal medicine.
1. The rehabilitation procedures shall commence against the defendant;
2. The debtor shall appoint the plaintiff as the custodian;
3. The term of office of the administrator shall be the end of the month in which the authorization of the rehabilitation plan in this case is decided.
B. On April 19, 2011, the creditors of the defendant filed an application for commencing rehabilitation procedures with the Suwon District Court. On February 10, 2012, the Suwon District Court rendered a decision to commence rehabilitation procedures as follows.
C. The Defendant received a decision to authorize the rehabilitation plan on May 15, 2015, and the part related to this case in the rehabilitation plan is as follows.
Part IV Method of Payment of Common Benefit Claim
1. Method of repaying wages and obligations of priority claims;
(b) A 100% of unpaid public-interest claims as of the start date of the decision to commence reimbursement (as of February 10, 2012) shall be repaid in the third year (2015), and subsequent public-interest claims shall be repaid from time to time with the permission of the rehabilitation court with business proceeds and other financial resources.
Chapter XIII. Appointment and dismissal of officers
1. The representative director, director and auditor of the debtor shall retire all simultaneously with the authorization of the rehabilitation plan;
2. Custodians may select and appoint a representative director and directors during the rehabilitation procedures with the permission of the court;
3. The term of office of the representative director, directors and auditor shall be one year from the date of appointment.
4. Where any custodian intends to dismiss an executive during his/her term of office, he/she may dismiss such executive with permission from the court;
5. (Omission)
6. The remuneration of officers shall be determined by the receiver with the permission of the court;
On May 30, 2013, with the permission of the Suwon District Court, the Plaintiff was appointed as the representative director of the Defendant, and the Plaintiff was appointed as the representative director of the Defendant on June 25, 2014, June 15, 2015, and June 23, 2016.
E. The Suwon District Court dismissed the Plaintiff from the Defendant’s custodian on October 18, 2016, and C on the same day.