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(영문) 서울고등법원 2012.03.21 2011나37508
약정금
Text

1. The instant lawsuit was concluded on August 16, 201 as the withdrawal of an appeal.

2. The costs of the lawsuit following the completion of the lawsuit in this case are assessed.

Reasons

1. At the time of filing the instant lawsuit before and after the submission of the Plaintiff’s written withdrawal of appeal, the representative director of the Plaintiff appointed AB as a legal representative and proceeded with the lawsuit of the first instance court. Upon the judgment dismissing the Plaintiff’s claim in the first instance court (the judgment of the first instance includes AB as the representative director of the Plaintiff) the legal representative of the first instance court opposed to the judgment of the first instance court and submitted the petition of appeal stating AD as the representative director of the Plaintiff on May 12, 2011. On March 21, 2011, AB resigned from office as the representative director of the Plaintiff, and on April 5, 2011, attached to the entire certificate of registration of the legal representative and completed the resignation and registration as the representative director of the Plaintiff’s office. The Plaintiff’s written application for registration of AD as the representative director of the Plaintiff’s representative director was submitted to the court on July 8, 201; around 16, 2011, the Plaintiff submitted the written application for registration of D on July 216, 16, 2016.

2. The plaintiff's assertion and judgment on the validity of the withdrawal of appeal

A. The plaintiff asserts that the withdrawal of the appeal of this case is not effective for the following reasons.

① After resignation from the office of the representative director of the Plaintiff, AD prepared a letter of withdrawal of appeal retroactively from the date on which it was registered as the representative director, and submitted it to the court through W. The above act of AD and W constitutes the crime of forging a private document or uttering of a private document under the Criminal Act, and ② AD is in the form of the Plaintiff.

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