이사 등 지위 부존재확인
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning of the judgment of the court of first instance concerning this case is as follows, and this case is cited by the main sentence of Article 420 of the Civil Procedure Act, since it is identical to the reasoning of the judgment of the court of first instance against the defendant,
[This Court’s argument and evidence presented by the Defendant are examined. In addition, as seen in the basic facts of the judgment of the first instance, the Plaintiff’s articles of incorporation stipulates that the term of office of executive officers shall be three years (Article 9(1)). The Defendant was a director with the power of representation on February 14, 2017 (Evidence A) and that the term of office has expired as of the date of closing argument in this Court. Therefore, the Defendant cannot be deemed to be in the current position of director and director with the power of representation. The Defendant’s appeal cannot be accepted in this respect (see, e.g., Supreme Court Decision 96Da37206, Dec. 10, 1996). The Defendant’s appeal is not accepted in this respect). The Plaintiff added “a final and conclusive” of the first instance judgment 3rd 11, 2019Da212518.”
The 2018Kahap3032 "(2018Kahap3032)" in the first instance judgment shall be amended to "2019Kahap3032".
The last 4th sentence of the judgment of the court of first instance was amended to "(Tgu District Court resident support 2019Kahap3045) and withdrawn the application on December 2, 2019."
2. Conclusion, the first instance judgment is justifiable, and the defendant's appeal is dismissed. It is so decided as per Disposition.