(영문) 서울고등법원 2003. 6. 13. 선고 2002나60438 판결[이사회결의무효확인][미간행]
Plaintiff (Law Firm Gyeong & Yang, Attorneys Gyeong-soo et al., Counsel for the plaintiff-appellant)
Defendant School Foundation
Defendant 1 and seven others (Attorney Lee Dong-dong, Counsel for the defendant-appellant)
Suwon District Court Decision 2002Gahap2457 Delivered on September 19, 2002
May 2, 2003
1. The instant lawsuit was completed on October 1, 2002 by the Defendant’s waiver of appeal.
2. The litigation costs after the completion of the instant lawsuit are assessed against the Intervenor joining the Defendant.
1. Purport of claim
The defendant, at the board of directors of November 18, 200, appointed the defendant 1 as the director and the chief director of the defendant corporation, the defendant's decision to appoint the defendant 1 as the defendant corporation's director and the defendant 1 as the defendant corporation's director, the meeting of the board of directors of December 7, 200, delegated the new director entry issue to the defendant 1 as the defendant 1, the defendant 2, 3, 4, and 5 as the defendant 2, 4, and 5 as the director of the defendant corporation, the board of directors of December 21, 200, the meeting of the board of directors of April 2, 200, appointed the defendant 6 as the director of the defendant corporation, and the defendant 7,
2. Purport of appeal
The judgment of the first instance is revoked. The plaintiff's claim is dismissed.
1. First, the fact that the plaintiff's lawsuit against the defendant has been terminated, and the defendant submitted a document stating that he waives his right to appeal to the Suwon District Court on October 1, 2002, within the time limit for appeal after being served with the judgment of the first instance court of this case on September 27, 2002, which was within the time limit for appeal, is obvious in the record.
Thus, the lawsuit of this case became final and conclusive simultaneously with the waiver of the defendant's above appeal.
As to this, the Defendant’s Intervenor asserts that his judgment constitutes not a mere assistant intervenor but a co-litigation assistant intervenor, and thus, the Defendant may file an appeal on behalf of the Defendant, regardless of the waiver of the Defendant’s appeal, and accordingly, the instant appeal was filed on October 7, 2002, and thus, the instant lawsuit is not terminated. However, the Defendant’s Intervenor’s assertion is not in a position to be directly subject to the effect of the judgment even if it is deemed that the judgment is legally related to the instant lawsuit, and thus, it cannot be deemed as a co-litigation.
2. Conclusion
Thus, since the lawsuit of this case is completed due to the defendant's waiver of appeal on October 1, 2002, it is decided as per Disposition by the declaration of termination of lawsuit.
Judge Lee Jae-chul (Presiding Judge)