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(영문) 수원지방법원안산지원 2016.09.07 2015가단103388
임금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff was appointed as the Defendant’s auditor on May 17, 2011.

By June 2012, the Defendant provided monthly salary of 3,250,000 won (3,360,000 won from January 2, 2012), activity expenses, and principal salary (2,350,000 won before January 2, 2012, and 2,460,00 won thereafter) to the Plaintiff.

B. On July 3, 2012, the Defendant written the minutes as if the resolution was adopted to the effect that “the Plaintiff is dismissed from office as an auditor. The Defendant’s director is replaced by the Defendant’s articles of incorporation as one or more directors are replaced by the Defendant’s articles of incorporation,” and did not provide any money on any pretext to the Plaintiff from August 2012 to the Plaintiff.

C. In the lawsuit filed by the Plaintiff and the Defendant’s shareholders, the judgment was rendered that “No resolution of the general meeting of shareholders is adopted.”

(C) The Seoul High Court Decision 2014Na2002417 decided December 26, 2014, 2014, and 14 January 14, 2015, decided on December 12, 2013 (Seoul High Court Decision 2013Ga6858 decided December 12, 2013).

Accordingly, on February 2, 2015, the registration of the restoration of the status of the auditor on January 14, 2015, and on March 19, 2015, the registration of the Plaintiff’s retirement of the auditor on March 31, 2014 was completed.

E. The part concerning the instant case in the Defendant’s articles of incorporation is as follows.

Article 21. The number of directors and auditors of this company shall be three or more directors, while the number of auditors shall be one or more.

On December 31, 2011, the Defendant written the minutes as if a resolution was made to change the said provisions to the effect that “at least one director of this company, and at least one auditor,” the said provisions were “at a general meeting of shareholders.”

However, the above resolution does not exist without going through the convocation procedure and resolution procedure.

The term of office of the auditor under Article 25 shall be until the closing of a regular general meeting of shareholders in respect of the last period for the settlement of accounts within three years after his/her inauguration.

Article 31 Remuneration of an executive officer or retirement allowance of an executive officer or employee shall be determined by a resolution of a general meeting of shareholders.

【Non-contentious facts, Gap evidence 1-4, Eul evidence 1 and 2, respectively.

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