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서울중앙지방법원 2017.08.18 2016가합567991
손해배상청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The parties concerned are companies with the main purpose of semiconductor manufacturing and selling semiconductors. The plaintiff A is the representative director of the defendant, who is dismissed (hereinafter "the dismissal of this case"), and the plaintiff B is the person whose contract is terminated.

B. On January 11, 2016, Plaintiff A was appointed as an internal director through the resolution of the general meeting of shareholders held by Defendant A. On the same day, Plaintiff A was appointed as a representative director. The term of office of Plaintiff A as a director was three years, and the remuneration was 80,000,000 won per year. Plaintiff B entered into an employment contract with the Defendant on January 15, 2016. The main contents are as follows.

Article 3 (Assignment and Remuneration)

1. The plaintiff B agrees to take charge of, and faithfully perform, the following duties in carrying out the work under this contract:

Department:Management Headquarters

(b) Position: Directors (Financial Director CFO);

(c) Business affairs: Overall control over the management affairs, such as financial management, personnel management, and disclosure management;

2. The defendant shall pay the remuneration in accordance with the following methods in performing the business under Article 2 of this Agreement by the plaintiff B:

Annual salary: Article 5 (Contract Period): Won 80,000,000/ Tax and Public Charges) specified in daily gold sale (Won 80,000/ Tax and Public Charges)

1. This Agreement shall be from January 15, 2016 to January 14, 2019 (three years).

Meanwhile, in addition to the above employment contract, Plaintiff B agreed to receive salary of KRW 6,66,670 per month through an annual salary contract (in addition to the above employment contract and annual salary contract, hereinafter “instant employment contract”).

C. The Defendant’s board of directors passes a resolution to dismiss the representative director of D) on January 11, 2016 at a temporary general meeting of shareholders on January 11, 2016, as well as A (D; hereinafter “D”).

(2) On April 6, 2016, the Plaintiff was appointed as an intra-company director, and both A and D were appointed as a representative director through a resolution of the board of directors on the same day.