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(영문) 대전지방법원 2016.12.09 2016가합1087
이사해임
Text

1. The part requesting the dismissal of a joint representative among the lawsuits in this case shall be dismissed.

2. Defendant B, Inc.

Reasons

Basic Facts

Defendant C (hereinafter “Defendant C”) is a company established on September 28, 2007 on the main purpose of real estate sale and lease business, and the total number of shares issued by Defendant C is KRW 10,000, and the total amount of capital is KRW 50 million.

As of April 8, 2016, the Plaintiff holds 1,000 shares out of the shares issued by the Defendant Company, and one of the co-representative directors of the Defendant Company held 4,00 shares, 4,000 shares for Defendant B, 4,00 shares for Defendant D’s spouse who is a co-representative, and 1,000 shares for Defendant B’s shareholders.

D, which was convened on April 18, 2016, and held on April 18, 2016, the defendant company's "the nine regular shareholders' meeting (hereinafter referred to as "the shareholders' meeting of this case") was referred to the voting for the removal of the directors against the defendant B, but the dismissal proposal was rejected on the same number of copies.

【Defendant Company based on Recognition: Defendant B: Whether there is no dispute over the admission of confessions (Article 150(3) of the Civil Procedure Act), entry of evidence Nos. 1, 2, 3, 5, and 6, and the entire purport of pleadings, and ex officio determination as to whether the part concerning the request for dismissal of the joint representative among the lawsuits in this case is legitimate or not.

A lawsuit for the part against the Defendants that the Plaintiff seeks to dismiss Defendant B from the office of joint representative director of the Defendant Company constitutes a lawsuit for formation with the aim of forming a change in existing legal relations, and a lawsuit for formation may be brought only where the law expressly provides for the request for dismissal of a director. Article 385(2) of the Commercial Act only provides for the request for dismissal of a director, and there is no other statutory provision regarding the dismissal of a

In addition, the representative director is based on the premise that he is a director, so he can deprive him of his position through the lawsuit for dismissal of the director in the event of unjust act of the representative director.

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