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(영문) 춘천지방법원 2014.11.26 2014가합5029
퇴직금 등 지급청구의 소
Text

1. The Defendant: (a) KRW 237,459,394 for the Plaintiff and KRW 5% per annum from February 20, 2014 to November 26, 2014; and (b) the Plaintiff.

Reasons

1. Basic facts

A. The Defendant Company (the first trade name was “C”) was changed to the current trade name on July 9, 2014, and was engaged in the business of operating the integrated excursion ship station. The Plaintiff was appointed as the inside director and the representative director of the Defendant Company on August 17, 2010, and was on duty in the Defendant Company after receiving monthly wages from around that time, and re-employed on March 30, 2012 as the inside director and the representative director of the Defendant Company.

B. D (a shareholder holding shares equivalent to 80.18% of the total number of the issued shares) as a shareholder of the Defendant Company filed a claim with the Plaintiff to convene a provisional general meeting of shareholders on the agenda of “the dismissal, appointment, reduction of capital, capital increase, and merger of directors” on August 13, 2013. On August 20, 2013, the Plaintiff sent an answer to the purport that “The purpose of the meeting is to supplement the detailed details of the meeting to meet the board of directors regarding the above request, and to supplement the reasonable reasons for the convocation,” and that on August 26, 2013, the Defendant Company convened a provisional general meeting of shareholders with the Chuncheon District Court 2013F10, 100, and received a decision from the said court on October 10, 2010.

C. The Defendant Company held a provisional shareholders’ meeting on October 29, 2013 accordingly, and the said provisional shareholders’ meeting adopted a resolution to dismiss the Plaintiff from office directors and representative directors of the Defendant Company.

According to the articles of incorporation of the defendant company, the term of office of the director of the defendant company shall be three years, and at the time of the above dismissal, the term of office of the plaintiff was three years from the date of the above re-employment, until March 29, 2015. Meanwhile, the plaintiff received benefits of KRW 9450,00 per month from the defendant company for the three months prior

[Reasons for Recognition] Facts without dispute, significant facts in this court, Gap evidence 1 through 3, 14, Eul evidence 4 (including branch numbers), the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion as to the establishment of the right to claim damages is as follows.

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