1. The plaintiff's claim is dismissed.

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

1. According to the evidence evidence No. 1, the fact that: (a) on February 24, 2014, the Plaintiff resigned from the office of director and the representative director; and (b) on the same day, C is registered as being appointed to the office of director and the representative director on the corporate register of the Defendant Company (hereinafter “Co., Ltd.”); and (c) on February 24, 2014, the trade name was changed to “Co. E” on February 24, 2014; and (d) on the same day, the fact that C was registered as being appointed to the office of director and the representative director.

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion is that C registered as the director and the representative director of the Defendant Company is merely a loan to F in the name of the director and the representative director.

However, F terminated the above nominal loan agreement with C on April 22, 2016, and C lost its status as a director and representative director of the Defendant Company.

Even if F had, on April 22, 2016, terminated the above nominal loan agreement with C on the condition of suspending the reorganization of claims, obligations, etc. related to the Defendant Company C, the condition was already fulfilled, and C has lost its status as the director and representative director of the Defendant Company.

B. Where a representative director of a judgment corporation resigns, the resignation becomes effective when the expression of intention of resignation reaches the person who is to act as the representative director upon the resignation of the representative director (see, e.g., Supreme Court Decision 2007Da7256, May 10, 2007). Even if F borrowed the name of the director and the representative director of the defendant company from C and terminated the above title-based agreement, then C must express his/her intention of resignation to the person who is to act as the representative director of the defendant company. Thus, C does not have any assertion or proof that he/she expressed his/her intention of resignation to the person who is to act as the representative director of the defendant company. Thus, it is difficult to accept the Plaintiff’s assertion.

Meanwhile, when collecting the purport of the entire pleadings in each statement of evidence Nos. 19 and 20, C is the defendant against F around April 22, 2016.