The representative director does not issue the share certificates and thus the share certificates issued by the managing director in his name are null and void, and the transfer of shares before the issuance of the share certificates has no effect on the company.

The representative director does not issue the share certificates, and thus the share certificates issued by the managing director in his name are null and void, and the transfer of shares before the issuance of the share certificates has no effect on the company.

Article 335(2) of the Commercial Act; Article 356 of the Commercial Act; Article 204(2) of the Indemnification Act

Yang-young

Defendant Stock Company

Seoul High Court Decision 67Na2461 delivered on September 4, 1969, Seoul High Court Decision 67Na2461 delivered on September 4, 1969

We reverse the original judgment.

The case is remanded to Seoul High Court.

The grounds of appeal Nos. 1, 2, 3, and 2 are examined.

Upon examining the reasoning of the judgment below, the court below held that the defendant company was established for the purpose of publishing books and selling 10,000 won (1,000 won) at the time of the capital under the trade name of the 1949.1.26 (Name omitted) of the above 1949.1.25 (the title of the 1963.25.), and that the plaintiff 2,800 shares was 2,60 shares, 3, 400 shares, 1,60 shares, 3, 400 shares, 1,00 shares, and 60 shares were transferred to the 205th general meeting of shareholders of the 1957.1.25, and that the non-party 100 shares were transferred to the 195th general meeting of shareholders of the 196th general meeting of shareholders, or that the non-party 2, including the plaintiff, had no effect on the issuance of share certificates under the name of the 1957th general meeting of shareholders.2

However, a company company's representative director who represents the company (see Article 28 (1) of the Articles of incorporation of the defendant company). The representative director of the defendant company's articles of incorporation is the fact that the plaintiff was the representative director at the time, and the representative director at the time is unable to execute his affairs due to new or long-term travel, etc., and the representative director's representative director's affairs (in this case, the issuance of share certificates) do not include cases where the defendant company's representative director's affairs are not performed without any justifiable reason. Thus, it is invalid to issue the defendant company's share certificates in its name to the non-party 1, the non-party 2, the non-party 4, the non-party 5, and the non-party 9, the non-party 1, the non-party 5, the non-party 1, the non-party 4, the non-party 5, the non-party 6, the non-party 67, and the non-party 1, the non-party 1, the non-party 1, the non-party 2, who were transferred shares.

Therefore, the decision on the remaining grounds of appeal is omitted and it is so decided as per Disposition by the assent of all participating Justices on the bench by applying Article 406(1) of the Civil Procedure Act.

Justices of the Supreme Court (Presiding Judge) Park Jae-dong (Presiding Judge)