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(영문) 대전고등법원 2019.12.11 2019나13993

업무집행자의 권한 상실 선고 청구

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1. The Intervenor’s motion for the Intervenor’s participation is permitted.

2. The plaintiff's appeal is dismissed.

3. The appeal costs.

Reasons

1. The Plaintiff’s grounds for appeal citing the judgment of the court of first instance are different from the allegations in the court of first instance.

In full view of the evidence duly adopted and examined by the first instance court and the evidence additionally submitted in the trial, the fact-finding and judgment by the first instance court is justifiable, and there is no error as alleged in the ground for appeal by the plaintiff.

Therefore, the court's reasoning on this case is as follows: (a) added the judgment on the motion for intervention by the Intervenor joining the Defendant as stated in paragraph (2); and (b) as stated in the reasoning of the judgment of the first instance court, it cited it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Of the judgment of the first instance court, the “instant company” shall be respectively dismissed as the “Supplementary Intervenor”.

The 5th below the second judgment of the first instance court shall be made by inserting the "Plaintiff" into the "Defendant".

The fourth decision of the court of first instance shall be followed by the following seven acts:

“4) Although the Plaintiff appealed from the above judgment, the Supreme Court dismissed the Plaintiff’s appeal on August 23, 2019 on the ground that the Plaintiff did not submit a statement of grounds for appeal within the statutory period (No. 2019Da248425, Apr. 26, 201) (see Supreme Court Decision 65Da2128, Jan. 25, 196; Supreme Court Decision 65Da2128, Apr. 26, 197; Supreme Court Decision 75Da1341, Apr. 26, 197).

The 6th to 13th of the judgment of the first instance shall be followed as follows.

Unless otherwise provided in the articles of incorporation, a limited liability company shall appoint a person who is or is not a partner as a manager in its articles of incorporation (Article 287-12 (1) of the Commercial Act), and if it intends to amend its articles of incorporation, the

(Article 287-16 of the Commercial Act). The manager shall represent the limited liability company.

(Article 287-19(1) of the Commercial Act. However, according to the articles of incorporation No. 2 of the Intervenor joining the Defendant, it is examined.