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(영문) 서울고등법원 2021.03.31 2020나2021143
손해배상(기)
Text

1. The Plaintiff’s appeal against Defendant B and the Plaintiff’s appeal against Defendant C are all dismissed.

2...

Reasons

1. The reasoning of the judgment of the court of first instance cited this case is as follows, and the reasoning of the judgment is as stated in the reasoning of the judgment of the court of first instance, except for the addition or dismissal as follows. Thus, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

"For the purpose of 4th five percent of the judgment of the first instance court" shall be stated " even though it had exercised the shareholder's right to proposal, voting right, etc. for the purpose".

The term "the representative director" shall be added between "the plaintiff's" and "three years" of the judgment of the first instance.

Article 118,908,000 won equivalent to the annual salary of three years for a director of the defendant company as a director of the defendant company (=39,636,000 won per annum of the average remuneration of the defendant company's registered director x 3 years) and interest thereon) of the fifth nine (9) judgment of the court of first instance shall be stated.

The evidence of 5th 12th 12th son of the first instance judgment shall be added to the testimony of the JJ of the trial witness.

The following shall be added between six (6) decisions of the first instance and eight (8) lines:

3) At the time of the conclusion of the instant agreement, the Plaintiff and the Defendant Union testified to the effect that “The Defendant Union did not conclude the instant business agreement with the intent of ensuring that the Plaintiff would be reappointed to the director or the representative director of the Defendant Company,” and that “the Defendant Union did not interfere with the Plaintiff’s being reappointed to the director or the representative director of the Defendant Company, and was at the stage of the board of directors, even if the Plaintiff cooperates in the procedures for being reappointed, it was forced at the stage of the board of directors.”

From 15 lines from 9th 14th 14th 1 of the judgment of the first instance court, the court shall read "(2019 Gohap29 decided August 28, 2019, Busan High Court Decision 2019No437 decided April 22, 2020, and Supreme Court Decision 2020Do5426 Decided July 9, 2020)" to be stated.

2. In conclusion, the plaintiff's claim against the defendant company is justified.

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