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(영문) 서울고등법원 2016.06.24 2015누48527

등록취소처분취소

Text

Plaintiff

All appeals by Co., Ltd. and the defendant are dismissed.

Plaintiff

Co., Ltd. and the defendant.

Reasons

1. Details of the disposition;

A. The Ulsan Metropolitan City Mayor revoked the registration of a prepaid installment business operator by applying Article 40(1)1 and Article 40(2)3 of the Installment Transactions Act to G, which was registered as a controlling shareholder by the F as of November 2, 2012, and notified the Defendant on November 8, 2012.

B. A mutual aid association (hereinafter “mutual aid association”) is H stock company prior to the change of Plaintiff E around September 5, 2014.

He terminated a mutual aid agreement with the Defendant on the same day, and notified the Defendant of the fact on the same day.

C. Accordingly, on October 22, 2014, the Defendant revoked the registration of the prepaid installment business operator with respect to Plaintiff A, the Dispute Resolution Co., Ltd, the Dispute Resolution Co., Ltd, the Dispute Resolution Co., Ltd (hereinafter referred to as “Plaintiff 1 Company, Plaintiff 2, Plaintiff 3 Company, and Plaintiff 4 Company”) on the ground that F, who was a controlling shareholder at the time of revocation of registration of the Dispute Resolution Co., Ltd, was an executive officer, based on Article 40(2)2 and Article 20(4) of the Installment Transaction Act, on the ground that a mutual aid contract was terminated based on Article 40(2)3 of the Installment Transaction Act.

(hereinafter the registration revocation of Plaintiff 1 to Plaintiff 4 is subject to “instant First Disposition”, and registration revocation of Plaintiff 5 with respect to Plaintiff 5.

F. The details of appointment and resignation of the F as the internal director or the representative director of the Plaintiff 1 through 4 are as follows:

On October 22, 2014, details of the appointment and retirement of the FF from the trade name before the trade name change, Plaintiff 1, the representative of Plaintiff 1, at the time of November 22, 2014, shall be the Plaintiff 1, the representative of Plaintiff 1, who was appointed on August 19, 2014, and on November 20, 2014, he/she was appointed on September 16, 2014; Plaintiff 3, who was appointed on January 3, 2012, Plaintiff 3, who was appointed on January 3, 2012, Plaintiff 4, Plaintiff 2, and Plaintiff 3, who was retired on April 22, 2013, which included Plaintiff 2, Plaintiff 3, number 3, and number 3 (including the grounds for recognition), respectively.