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TITLE | Supreme Court Decision 2020Da245552 Decided September 13, 2024 ¡¼Damages (Etc.)¡½ [full Text] |
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Summary | |
¡¼Main Issues and Holdings¡½ Whether Article 385(1) proviso of the Commercial Act stating that a director may file a claim for damages against the company where he or she was removed without good cause before the termination of his or her term of office set in advance may be applied mutatis mutandis to the dismissal of a representative director by the board of directors (negative), and whether the same applies to the dismissal of a representative director in a general meeting of shareholders pursuant to Article 389(1) proviso of the Commercial Act, which states that the articles of incorporation may provide that a representative director shall be appointed in general meetings of shareholders (affirmative) |