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(영문) 서울고등법원 2015.04.17 2014나2044602

대표청산인자격부존재확인의 소

Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. The total cost of the lawsuit is indicated as the representative of the plaintiff.

Reasons

1. Basic facts

A. The relationship between the plaintiff and the defendant 1) around March 1995, the plaintiff was established in accordance with the Chinese Hembian J unemployment Limited Corporation and the defendant, D, E, E, and F, a domestic corporation, by investing in China, and its investor was changed into defendant, D, E, and F, and thus, it is a credit-based company subject to Chinese Act (the defendant, D, E, E, and F are the plaintiff's "investors" or "shareholders". < Amended by Act No. 8709, Mar. 3, 2008; Act No. 8777, Feb. 23, 2008>

(2) The Defendant is a company established for the purpose of manufacturing and selling electronic equipment, and holds 98.11% of the Plaintiff’s shares.

B. The defendant's dissolution, etc. 1) C was appointed as the representative director of the defendant on June 12, 2000. 2) The defendant is deemed dissolved under Article 520-2 (1) of the Commercial Act on December 5, 2005, and the registration of dissolution was completed on December 9, 2005, and the entry of the representative director and the director was made.

Since then, the defendant was declared bankrupt on June 14, 2007 by Cheongju District Court 2006Hahap1, and the bankruptcy trustee was appointed. On August 13, 2007, the bankruptcy discontinuation decision was closed on September 4, 2007.

3) C filed an application for appointment of the Defendant’s liquidator under Cheongju District Court 2013 non-joint16, but the directors at the time of dissolution were the Defendant’s liquidator, and thus, received a decision of dismissal on the ground that it is unnecessary to appoint a liquidator separately. Thereafter, C filed an application for restoration of the Defendant’s registration record and registration of liquidator in order to perform the Defendant’s liquidation business. 4) Thereafter, on December 13, 2013, the Defendant’s registration record was restored, and as at the time of deeming dissolution, C as the Defendant’s representative liquidator, and as at

C. The relevant criminal case C filed a complaint against G with the suspicion that G embezzled the Plaintiff’s property, etc., and the Seoul Central District Prosecutors’ Office (Seoul Central District Prosecutors’ Office) on September 26, 2014.