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(영문) 서울남부지방법원 2019.06.05 2018가단7065
손해배상금
Text

1. Defendant B’s KRW 5,00,000 as well as 5% per annum from April 12, 2018 to June 5, 2019, respectively, to the Plaintiff.

Reasons

1. Facts of recognition;

A. Defendant B is the president, Defendant C, D, E, F, and G of the Yeongdeungpo-gu Seoul Metropolitan H Superior (hereinafter “instant shopping mall”) management body (hereinafter “Defendant management body”), and the director of the Defendant C, D, E, F, and G. The Plaintiff was the auditor of the Defendant management body.

B. The main contents of the Articles of the Defendant management body’s articles of incorporation (hereinafter “Defendant’s articles of incorporation”) concerning disciplinary action against executives are as follows.

Article 19 Action of Officers

1. An executive officer who does not reside directly in a commercial building;

2. Where he/she fails to attend the meetings of the board of directors at least three consecutive times without any justifiable reason upon receipt of a notice of convening the meetings: Provided, That this shall not apply where he/she notifies in advance and obtains approval from the chairperson;

3. Obstructing the affairs in arrears with management expenses, etc. imposed for at least two months;

4. An act of violating the articles of association or regulations, or impairing an honor by intention or gross negligence;

5. Status in which executive officers conflict with this Council, as a matter accompanied by the receipt of money and interest coupons.

6. If it is deemed that the foregoing ground has occurred, it may be placed before the board of directors with consent of at least two thirds of the registered directors enrolled in the board of directors.

(Provided, That the president, the auditor and the auditor are subject to a resolution of the general meeting). 7. The officers who are proposed to the board of directors due to the reason for action shall notify the principal and give him an

C. On August 1, 2017, the Defendant management body held a temporary directors meeting on a provisional disposition on which a resolution was passed to adopt a one-year disciplinary proposal for suspending the qualification of auditors (executive officers) against the Plaintiff on the ground that the Plaintiff committed an act falling under the grounds for disciplinary action stipulated in Article 19(4) of the Articles of Incorporation by submitting a written application for the instant provisional disposition in Seoul Southern District Court 2017Kahap20213, which was prohibited

The above board of directors attended by Defendant B, D, C, E, F, and I directors (the plaintiff G and J, and K directors delegated voting rights). The six directors with respect to the above disciplinary proposal, and one director with respect to it.

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