beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination as to the cause of claim
A. The Plaintiff’s assertion 1) The Plaintiff filed a claim for damages following the dismissal of the representative director on May 19, 2015. However, on February 11, 2016, the Defendant Company held a temporary general meeting of shareholders and removed the Plaintiff from the representative director without justifiable cause. Article 385(1) of the Commercial Act provides, “In cases where the term of office of a director is determined and a director is removed before the expiration of the term of office without justifiable cause, the director may claim for damages caused by the removal against the company.” Here, “damage caused by removal” is remuneration under Article 388 of the Commercial Act, which would have the right to receive during his/her term of office if the director was not dismissed. Accordingly, the Defendant Company is liable to compensate the Plaintiff for damages caused by such removal (i.e., KRW 145 million x KRW 5 million x 29 months).
However, on February 11, 2016, the defendant company held a temporary general meeting of shareholders on February 11, 2016 and dismissed the plaintiff from the internal director.
Therefore, the Defendant Company is liable to compensate the Plaintiff for the amount equivalent to KRW 5 million per month from February 11, 2016 to March 31, 2018, as damages caused by such dismissal.
B. First of all, the Plaintiff’s assertion and the above claim in Paragraph 1 and Paragraph 2 of the same Article are common, and the Defendant Company held a provisional shareholders’ meeting on February 11, 2016 without justifiable grounds and dismissed the Plaintiff who was a director of the Defendant Company before the expiration of his term of office. As such, the Defendant Company is liable to compensate the Plaintiff for damages caused by the removal of the Plaintiff pursuant to the latter part of Article 385(1)
Here, Article 385, Paragraph 1 of the Commercial Code.