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1. Of the judgment of the court of first instance, the part on the counterclaim is revoked, and the defendant-Counterclaim plaintiff's counterclaim is dismissed.
2...
Reasons
1. The following facts do not conflict between the parties, or may be acknowledged by comprehensively taking account of the whole purport of the pleadings in each of the statements in Gap evidence 1-1, 2, 2-5, 9-1 to 3, 20-1, 20-1, 2, and 16.
A Co., Ltd. (hereinafter “A”) merged with A on December 28, 2011 is a company that is engaged in the research, development, and manufacturing of renewable medicine-related therapy and products. G is a company that is a doctor, and G was a director of D until it is merged with A and dissolved with A on June 1, 2007 (the representative director from April 22, 2009 to November 20, 209). A was established on October 22, 2008 and was dissolved and merged with B and the representative director of A until December 29, 2014, and is in office as B from April 10 to December 28, 2012.
(hereinafter referred to as “Plaintiffs” without classifying D, A, and B.
On June 11, 2007, the Plaintiff and the Defendant concluded a contract for the appointment of executive officers with the following contents:
(The above contract for the appointment of officers increased the number of shares to be paid to the defendant on September 14, 2007 according to the amendment of the contract for the appointment of officers as stated in Article 5 below; hereinafter the modified contract for the appointment of officers is referred to as the "instant commissioning contract"). Article 1 (1) of the contract for the appointment of officers and acceptance of appointment shall be appointed to the position of the director and the highest technician (hereinafter referred to as "CTO"), who shall be appointed by the defendant, in accordance with the resolution of the general meeting of shareholders of the plaintiff, to the position of the highest technician (hereinafter referred to as "CTO"), and the defendant shall accept it.
Article 2 (Period of Contract) (1) Contract term of the commissioning Contract of this case shall be five years from the date of conclusion of the commissioning Contract of this case.
In this regard, when the term of office of the defendant as a registration director expires while the defendant's registration director, the plaintiff shall immediately be a registration director.