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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Defendant asserted false facts and received a provisional attachment order by claiming for provisional attachment against the Plaintiff’s deposit claims as the Seogu District Court Branch Decision 2016Kadan50861.
The defendant is obligated to pay 7.4 million won to the plaintiff with monetary and mental damages arising therefrom.
2. In a case where a director of a judgment corporation files a lawsuit against the company, the person who is to represent the company is an auditor (Article 394(1) of the Commercial Act). According to the evidence No. 9, the plaintiff can be recognized as the defendant's director. Thus, the defendant's representative director C is not entitled to represent the defendant in the lawsuit of this case.
On the other hand, the plaintiff-type D also filed the lawsuit of this case with the plaintiff-type D, and the lawsuit of D was withdrawn by his absence.
The defendant's auditor is difficult to expect D to perform the lawsuit of this case on behalf of the plaintiff as an auditor.
Since the plaintiff did not correct the above defects in the requirements for the lawsuit, the lawsuit of this case shall be dismissed in a timely manner.