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TITLE ¡¼Syllabus of Latest Opinion¡½ Supreme Court Decision 2020Da245552 Decided September 13, 2024 ¡¼Damages (Etc.)¡½ [full Text]
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 the term of office of a company director has been set in advance and his or her removal is made without good cause before the termination of his or her term of office may be applied mutatis mutandis to a case where the board of directors dismisses the representative director (negative), and whether the same applies to a case where a general meeting of shareholders dismisses the representative director following Article 389(1) proviso of the Commercial Act, which states that the articles of incorporation may provide that such representative director shall be appointed at a general meeting of shareholders (affirmative)
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