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(영문) 서울서부지방법원 2020.10.23 2020나42979
퇴직금 등 지급청구
Text

All appeals filed by both the plaintiff and the defendant are dismissed.

Expenses for appeal shall be borne individually by each person.

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

Reasons

1. The reasoning of the judgment of the court of first instance as to this case is as follows, except where the defendant re-emphasizs the defendant as the grounds for appeal or makes a supplementary decision as to the argument added to the trial, and thus, it is identical to the reasoning of the judgment of the court of first instance as stated in the main sentence of Article 420 of the Civil Procedure Act.

2. Judgment on the defendant's assertion

A. (1) As to the facts of the Defendant’s argument on April 20, 2015, the Defendant decided to hold a temporary general meeting on April 20, 2015 (hereinafter “instant general meeting of shareholders”); the Defendant’s representative director F has convened the above general meeting of shareholders; the Defendant’s representative director F has notified each of the Defendant’s shareholders of convening the general meeting of shareholders; the Defendant’s actual fact that the instant general meeting of shareholders was held; and the minutes of the general meeting of shareholders (No. 7-2) were falsely prepared as if the instant general meeting of shareholders was resolved on the same agenda as the facts on which the first instance judgment was based.

(2) (A) As to the authenticity of the minutes of the above general meeting of shareholders, ① The authentication system for the deeds signed by a notary public under the Notary Public Act was made by a notary public to have the parties sign or seal the deeds signed by a notary public in the presence of a notary public, or to have the parties concerned or their agents confirm the signatures or seals affixed to the deeds signed by a notary public and entered the facts in the deeds (Article 57(1)). If a notary public makes an authentication for the deeds signed by a notary public, it is stipulated that it must go through the procedures for the confirmation of the client (Article 27) or the confirmation of the client (Article 30) and the certification of the power of attorney (Article 31) in advance pursuant to the Notary Public Act. Thus, unless there are special circumstances such as where a notary public proves that the authentication of the deeds signed by a notary public did not go through the said procedures, it is presumed that the authentication of the deeds signed by a notary public is made by

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