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(영문) 서울고등법원 2016.06.17 2015나28434 (1)
손해배상 등
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.

Reasons

1. In the first instance court, the Plaintiff filed a claim for confirmation of absence or invalidity of the resolution of the board of directors on January 29, 201 with respect to the Defendant Company, February 22, 2011, and the Plaintiff’s claim for confirmation of the status of director or representative director, payment of remuneration or claim for damages equivalent to KRW 100,000,000. The court of first instance partly accepted the claim for remuneration and dismissed the remainder.

Accordingly, the plaintiff appealed only to the claim for damages equivalent to the remaining term of office and the amount equivalent to the retirement allowance, and the defendant company filed an incidental appeal to the part against it. Thus, the object of this court's judgment is limited to the payment of remuneration or the claim for damages equivalent to 100,000 won.

2. The reasons why this Court uses this part of the underlying facts are as stated in the part “1. Basic Facts” among the reasons for the judgment of the first instance except for the dismissal or addition of the pertinent parts as follows. As such, this Court shall accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Each “Plaintiff A” shall be deemed to be “Plaintiff”, each “Plaintiff B” to “Co-Defendant D of the first instance trial”, each “Defendant D” to “Co-Defendant D of the first instance trial”, “Defendant E” to “Co-Defendant E of the first instance trial”; each “Defendant F” to “CoDefendant F of the first instance trial”; “Defendant G” to “CoDefendant G of the first instance trial”; “Defendant H” to “CoDefendant A of the first instance trial”; “Defendant I” to “CoDefendant I of the first instance trial”; and “Defendant J” to “CoDefendant J of the first instance trial.”

(b)be added to the following in the seventh and seventeenth sentence of the first instance court:

On the other hand, Paragraph 2 of Article 2 of the ground for dismissal against the plaintiff "in-house directors held a temporary general meeting of shareholders and held a claim suit to the court that convened a temporary general meeting of shareholders to appoint five directors including the principal as directors, and related to civil action such as occupational breach of trust in relation to shareholders' rights confirmation lawsuit and filing of editing offices.

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