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(영문) 서울서부지방법원 2015.07.02 2014가합9120
손해배상(기)
Text

1. The Defendant’s KRW 170,427,529 as well as the Plaintiff’s annual rate from October 1, 2014 to July 2, 2015, and the following.

Reasons

Basic Facts

On April 1, 2014, the Plaintiff was appointed as the Defendant’s auditor, and on September 30, 2014, the Plaintiff was dismissed from the Defendant’s auditor following a resolution to dismiss the Plaintiff from the Defendant’s office at the Defendant’s 80th provisional shareholders’ meeting.

(hereinafter “Dismissal of this case”). The relevant provisions of the Articles of Incorporation are as follows.

Article 22 (Convocation) The regular shareholders' meeting of the defendant shall be convened within three months following the end of the business year, and the extraordinary shareholders' meeting shall be convened whenever necessary.

Article 27 (Matters to be Resolved at General Meeting of Shareholders) Any resolution on the following matters:

3. Approval of the settlement of accounts shall have three to eleven directors and one auditor, who shall be appointed at a general meeting of shareholders;

Article 35 (Term of Office of Auditor) (2) The term of office of Auditor shall be until the closing of a regular general meeting of shareholders with respect to the last period for the settlement of accounts within three years

Article 46 (Business Year) The business year of the Company shall be annually.

1. From January 1 to December 31 each year;

[Ground] The provisions of Articles 382 (2), 382-4, 385, 386, 388, 400, 401, and 403 through 407 of the Commercial Act, which provide for the entry of evidence No. 2 and the purport of the whole pleadings, shall apply mutatis mutandis to auditors.

Article 385 (Removal) (1) Directors may dismiss directors by a resolution adopted at a general meeting of shareholders under Article 434 at any time.

However, in case where the term of office of a director was fixed and he is dismissed without any justifiable reasons before the expiration of such term, he may claim for damages caused by his dismissal against the company.

The term of office of the Plaintiff’s assertion of the parties was scheduled to be March 2017. However, the Defendant dismissed the Plaintiff without any justifiable reason before the Plaintiff’s term of office expires. As such, the Plaintiff was working for the C Foundation in the amount of KRW 407,279,053 as compensation for damages incurred by the instant dismissal.

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