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(영문) 서울중앙지방법원 2017.05.16 2016가합543766
대표이사 등 사임등기청구
Text

1. The plaintiff's main claim is dismissed.

2. The defendant is registered with the plaintiff as shown in the attached list.

Reasons

1. Basic facts

A. The Defendant is a stock company with the purpose of manufacturing electric power generation energy facilities, exporting and importing plants and raw materials, executing, leasing business, etc.

B. On September 15, 2014, the Plaintiff was appointed as the Defendant’s inside director and representative director, and the registration accordingly was completed on September 16, 2014.

C. C was appointed as the Defendant’s internal director on September 15, 2014, and D as the Defendant’s auditor on the same day, and registration was completed on September 16, 2014, and there was no other officer on the Defendant’s corporate registration.

[Grounds for recognition] Gap evidence No. 1, the purport of the whole argument

2. The plaintiff's assertion

A. The Plaintiff asserted the primary claim is registered as the Defendant’s internal director and the representative director, but the actual representative C, and C, on January 19, 2015, notified the Plaintiff that the Plaintiff would be dismissed from the representative director.

On January 20, 2015, the Plaintiff expressed to C an intention to resign from the position of internal director and representative director.

Therefore, on January 20, 2015, the defendant is obligated to implement the registration procedure for change to the purport that the plaintiff has resigned from the defendant's inside director and representative director.

B. The Plaintiff, at least on March 27, 2015, expressed his/her intention to resign from the office of representative director C, and the Defendant is obligated to implement the registration procedure for modification.

3. Determination

(a) In cases where the representative director of the relevant legal doctrine resigns, the expression of intention to resign shall be made to the person who will act as the representative director with the resignation of the representative director.

(2) A director of a juristic person’s resignation is an act of resignation of a juristic person on May 10, 2007 (see, e.g., Supreme Court Decision 2007Da7256, May 10, 2007). As such, an act of resignation of a juristic person is solely an act of the other party, and such act of resignation of a juristic person reaches the other party and simultaneously becomes effective. However, as a matter of principle, an intention to resign is not required to submit a letter of resignation on the grounds of immediate solicitation

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