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(영문) 서울중앙지방법원 2016.04.27 2014가단147426
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. 1) The Plaintiff is a corporation that engages in a livestock product processing business as a corporation for which the Plaintiff intended business, and C is a representative director of the Plaintiff. 2) Defendant B is an insurance solicitor of Defendant Samsung Life Insurance Co., Ltd. (hereinafter “Defendant Samsung Bio-resources”).

B. On June 15, 2012, the Plaintiff entered into an insurance contract with Defendant Samsung Bio-resources with KRW 2,500,000, and the insured as C and the beneficiary as the Plaintiff, respectively, and entered into an insurance contract with KRW 1.3 Accumulation of more than two fret pension as the Plaintiff.

(hereinafter “each insurance contract of this case”). (c)

Defendant B’s articles of incorporation and executive compensation regulations of Defendant Samsung Bio-resources 1) stated that at the time of entering into each of the instant insurance contracts, Defendant B would make and offer relevant documents that enable the Plaintiff to pay retirement allowances to officers with the insurance proceeds of the instant insurance contract. Defendant B delivered the following documents to the Plaintiff. (A) The articles of incorporation (Evidence 2-2, hereinafter referred to as “instant articles of incorporation”) adding the rules on the payment of retirement allowances of directors and auditors, which are not stipulated in the Plaintiff’s existing articles of incorporation, to the Plaintiff.

(B) The articles of incorporation of the instant case stipulate that “The payment of retirement allowances to directors shall be made by means of a resolution of the general meeting of shareholders,” and that “the payment of retirement allowances to directors shall be made by the resolution of the general meeting of shareholders with the consent of all the shareholders” was made on March 29, 2013, that “the payment of retirement allowances to directors shall be made by the resolution of the general meeting of shareholders by the general meeting of shareholders.”

C) The rules on the payment of retirement allowances for executive officers (hereinafter “instant rules on retirement allowances”) stating “the calculation method of retirement allowances for executive officers, specific payment rate, etc.”

(D) Specific contents were as follows. The Plaintiff’s termination of each of the instant insurance contracts by December 20, 2013 respectively.

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