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(영문) 서울고등법원 2019.07.18 2018나2047333
이사선임결의무효확인 청구의 소
Text

1. All appeals by the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be borne by the defendant and the supplementary participation.

Reasons

1. The reasoning for this part of the judgment by the court is as follows: The corresponding part of the reasoning of the judgment of the court of first instance (2.2 to 6 pages 1) is the same.

(The main text of Article 420 of the Civil Procedure Act). 2. The reasoning for this part of the court is as follows: (a) the relevant part of the reasoning of the judgment of the court of first instance (2-7).

(main sentence of Article 420 of the Civil Procedure Act).3. Determination

A. In principle, the resignation of a director of the legal entity related to Plaintiff A, B, and I is a sole act to which the other party exists, and thus the declaration of intention becomes effective and cannot be withdrawn in mind after the declaration of intention became effective. However, in special circumstances where the intention of resignation cannot be deemed to be dismissed, such as the failure to submit a letter of resignation as an immediate withdrawal recommendation, the failure to process the letter of resignation to the representative, the date on which the letter of resignation was written is written, or the date on which the letter of resignation was written is written after the date on which the letter of resignation was submitted, the resignation becomes effective upon the submission of a separate letter of resignation or the acceptance of the representative, and the prior withdrawal of the intention can be withdrawn.

(See Supreme Court Decision 2004Da10909 Decided June 15, 2006). (b) According to the statements and voices of evidence Nos. 38, evidence Nos. 39-1, 2, 11, and 12, Plaintiff A sent to M the Defendant Foundation M, etc. the phrase, “I would know that I would be able to receive it by e-mail, I would know that I would do not have to do so. I would do not have to do so. I would like to know. I would like to do so. I would like to deliver the written resignation of this case to M, and Plaintiff A sent to M on January 17, 2017, “I would send a written resignation by affixing a photograph receipt of a private post.”

However, in light of the following facts and circumstances, Gap evidence Nos. 4, 5, Gap evidence Nos. 6-1, 40, 41, and Eul evidence Nos. 1 and the whole purport of the arguments, the plaintiff is admitted.

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