상수도요금부과처분취소
1. The plaintiff's appeal shall be dismissed.
2. The costs of appeal shall be borne by D.
Purport of claim and appeal
judgment of the first instance.
1. The representative director of a stock company whose appeal is lawful may, in principle, independently represent the company with the power of representation of each person, or may allow several representative directors to jointly represent the company, except in cases where there are several persons; or
(2) Article 389(2) of the Commercial Act provides that “The purpose of the joint representative director system is to ensure the uniformity of management by allowing several representative directors to jointly exercise their power of representation in external relations, to exercise the power of representation, and to promote the benefit of the company by preventing abuse or misuse of the power of representation among the representative directors (see Supreme Court Decision 89Meu3677, May 23, 1989).” Thus, when the joint representative is determined, any act of a joint representative director acting on behalf of the company solely regardless of the intention of other joint representative directors shall not be effective against the company.
(see, e.g., Supreme Court Order 200Ma934, May 29, 2000). The return to the instant case and ex officio, according to the Plaintiff’s corporate register, D and E are registered as the Plaintiff’s joint representative director. On the record, at the bottom of the Plaintiff’s petition of appeal submitted as of July 7, 2017, only D’s corporate seal impression is affixed, without any seal affixed, E does not have any seal affixed, and the power of attorney submitted on the same day, and “Delegation of the authority to submit the petition of appeal” is not both D and E’s seal affixed, and only D’s personal seal impression is attached after the power of attorney, and E’s personal seal impression is not attached.
On August 9, 2017, a party member recommended the plaintiff to correct the seals of the joint representative E in the petition of appeal, but the plaintiff did not comply with it.
According to the above legal principles, in the case of the plaintiff who is determined as a joint representative director as a procedural act, all joint representative directors should jointly file a lawsuit, but this is the case.