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(영문) 서울중앙지방법원 2017.10.17 2016나72909
급여 등
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The defendant is a juristic person with the purpose of construction business, lease and sale of real estate, sales agency business, etc., and the plaintiff is a private partner E of the former representative director E of the defendant.

B. On July 25, 2013, the husband D, and C, a director of the Defendant, asserted that E, a representative director of the Defendant, could not perform his/her duties as the representative director due to dementia, and that E applied for a provisional disposition suspending the performance of duties by the representative director and the director, as Seoul Central District Court 2013Kahap2073, and received a provisional disposition order suspending the performance of duties on December 31 of the same year.

The E-F filed an application for the commencement of adult guardianship with the Seoul Family Court 2013 Do-Ma6863 for the E. On February 11, 2014, the above court rendered a decision to appoint a lawyer G as a temporary guardian before the adjudication on the commencement of the above adult guardianship becomes final and conclusive due to a prior disposition under Article 62(1) of the Family Litigation Act. On July 30, 2014, the court decided to commence adult guardianship for the E, to appoint a lawyer K as an adult guardian for the E, and the appeal was dismissed on January 26, 2015 (Seoul Family Court 2014B3048), and the reappeal was also dismissed on June 23, 2015 (Seoul Family Court 2014B-3048).

(Supreme Court Decision 2015S407). C.

E was dismissed from office of the defendant's representative director on January 24, 2014, and C was appointed as a new representative director on the same day.

However, on July 31, 2014, C was dismissed from office as a representative director and a director by a resolution of the special general meeting of shareholders and the board of directors held as the Speaker pro tempore, and H was appointed as a representative director and an internal director of the defendant on July 31, 2014.

Accordingly, as Seoul Central District Court 2014Kahap1255, C applied for a provisional disposition against H to suspend the performance of duties of a representative director and to appoint an acting director. On January 23, 2015, C received a decision to suspend his/her performance of duties and appoint an attorney I as a representative director or an acting director of the Defendant’s company director. On the other hand, Seoul Central District Court 2014Gahap569894 around that time.

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