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(영문) 서울남부지방법원 2019.04.12 2018가합107016
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant is a subsidiary company of the above legal entity whose entire shares are owned by Japan, and whose main business is to provide advice and education to improve business management level.

(hereinafter referred to as the “parent company C” which controls the Defendant, shall be deemed to be the parent company. (b)

Article 24 of the Defendant’s articles of incorporation provides, “The term of office of directors shall be until the closing of a regular general meeting of shareholders in a period for the settlement of accounts within two years after their inauguration.”

On June 1, 2009, the Plaintiff was reappointed since he/she assumed office as a joint representative (president). On March 23, 2017, the Plaintiff was appointed again as a regular general meeting of shareholders and the board of directors.

C. On January 26, 2018, before the Plaintiff’s term of office expires, the Defendant dismissed the Plaintiff (hereinafter “instant dismissal”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The allegations by the parties and the determination thereof

A. The parties’ assertion 1) The Defendant dismissed the Plaintiff during his/her term of office without justifiable grounds. As such, the Defendant is obligated to pay the amount equivalent to KRW 210 million equivalent to the monthly remuneration for 15 months from January 2018 to March 2019, the expiration date of his/her payment due to the Defendant’s compensation for damages from which he/she ceased to pay the Plaintiff, as well as damages for delay. (2) The Defendant is not liable for damages as alleged by the Plaintiff on the ground that: (i) the Defendant expressed the Plaintiff’s intention due to his/her poor management ability and business performance; (ii) the Plaintiff’s misconduct, such as occupational embezzlement; (iii) the abuse of the right of representation; (iv) sexual harassment against the employees; (vii) violation of the duty of prohibition of competitive business; and (v) the Defendant’s dismissal of the Plaintiff on the ground that there is justifiable reason for the Defendant’s dismissal of the Plaintiff.

B. According to Article 385(1) of the Commercial Act, a director may be dismissed at any time by a special resolution of the general meeting of shareholders, but the term of office of the director is fixed.

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