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1. The Defendant’s KRW 175,018,69, and the Plaintiff’s annual rate from February 3, 2017 to September 21, 2018, and the following.
Reasons
1. Basic facts
A. The defendant is a juristic person whose purpose is automobile parts painting business, etc.
On July 15, 2009, the Plaintiff joined the Defendant and was appointed as a director on November 16, 2009. On November 16, 2012, the Plaintiff was reappointed as a director on November 16, 2012, and was appointed as a representative director on November 27, 2015.
B. On February 2, 2017, C, a corporation holding 100% of the Defendant’s outstanding shares, notified the Plaintiff to dismiss the Plaintiff as the representative director on behalf of the Defendant on February 2, 2017, following a resolution of the general meeting of shareholders.
C. Meanwhile, according to Article 20 of the Defendant’s articles of incorporation, the term of office of a director shall be three years, but the term may be extended until the closing of a general shareholders’ meeting regarding the last period for the settlement of accounts during
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings
2. The plaintiff's assertion was held office as the defendant representative director of the term of office of three years, and the defendant dismissed the plaintiff before the expiration of his term of office without justifiable grounds, and thus, Articles 385 (1) and 385 (1) of the Commercial Act can be dismissed at any time by a resolution of the general meeting of shareholders as provided in Article 434.
However, if the term of office of a director was fixed and he is dismissed without any justifiable reasons before the expiration of such term, he may claim for damages caused by his dismissal against the company.
Under the proviso, 245,502,90 won (i.e., salary 175,018,699), totaling 245,502,90 won (i.e., salary 175,010,484,201) and damages for delay shall be paid.
3. Determination
A. Article 385(1) of the Commercial Act provides that a director may be removed at any time by a special resolution of the general meeting of shareholders, while a director, whose term of office is fixed, may claim damages against the company without any justifiable reason, thereby ensuring the management right of the company and ensuring the status of the manager.