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1. The part requesting the dismissal of the representative director among the lawsuits in this case shall be dismissed.
2. The defendant is the non-party limited liability company C.
Reasons
1. Among the lawsuit of this case, the part concerning the request for dismissal of the representative director is examined ex officio, and the part concerning the request for dismissal of the defendant from the office of the representative director of the non-party limited company C among the lawsuit of this case, which seeks to dismiss the defendant from the office of the non-party limited company C, constitutes an action of formation aimed at establishing the existing legal relations, and the lawsuit of formation is instituted only when there is a express provision in law. Thus, Article 385 (2) of the Commercial Act which applies mutatis mutandis to the director of a limited company pursuant to Article 56
In addition, since the representative director is premised on being a director, if there is an official misconduct of the representative director, it can achieve its purpose by deprived of the status of the director through a lawsuit demanding dismissal of the director.
Therefore, this part of the lawsuit is unlawful because there is no legal basis or there is no benefit of the lawsuit.
2. Determination as to the remaining claims
(a)be as shown in the attachment of the claim;
(b) Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act of the applicable provisions of Acts;
3. In conclusion, the part concerning the request for dismissal of the representative director among the lawsuits in this case is unlawful and dismissed, and the remainder is accepted for reasons, and it is so decided as per Disposition.