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(영문) 대구지방법원 2017.01.25 2016나300580
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On May 10, 2012, while a notary public works for a law firm as an attorney-at-law in charge of authentication of the law firm, the Defendant certified the minutes of an extraordinary general meeting of shareholders of the Plaintiff [D] as the Plaintiff [D] as the Plaintiff-at-law in charge of authentication of the law firm in the form of

(hereinafter referred to as “instant certification”). (b)

According to the provisions of Article 66-2 of the Notary Public Act, ① The minutes of a general meeting, etc. of corporations which are attached to the application documents for registration of a corporation shall be authenticated by a notary public, ② the notary public concerned shall confirm whether the procedures and contents of the resolution at a general meeting, etc. conform to the truth. ③ The confirmation shall be made by a notary public after attending the place of the resolution of the relevant corporation and examining the procedures and contents of the resolution, or at the request of a quorum or more necessary for the resolution from among the persons who made the relevant resolution or their agents, and after hearing statements as to whether the contents of the minutes conform to the truth, the client or his/her agent shall confirm the signatures and seals of

C. However, at the time of authentication, the Defendant stipulated that the Plaintiff’s articles of incorporation shall convene a general meeting of shareholders and be the chairperson of the general meeting of shareholders. However, the minutes of the above general meeting of shareholders are recorded as F rather than Plaintiff’s director E, and F returned a written request for convening a general meeting of shareholders requested to E without lawful delivery. The list of shareholders submitted by F was prepared on the date of authentication of the instant case on May 10, 2012, and the list of shareholders signed by F was signed on the register of shareholders and the F’s written statement are different from the corporate seal affixed to the company’s articles of incorporation, without the submission of a corporate seal imprint certificate, and without going through direct procedures to confirm the signature or seal of the minutes to the head office or relevant person of the company, etc. of the company without undergoing the procedures, such as the authenticity of the minutes

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