There is any interest in confirming the existence of the status or existence of the person who has resigned from the representative director.

Since the resignation from the office of representative director of the plaintiff company, there is no benefit to seek confirmation against the defendant who has not asserted that he is a representative director with respect to the plaintiff company or a third party, without the status of representative director.

Article 228 of the Civil Procedure Act

Sam Young General Food Corporation

Defendant

Suwon Branch Court of Seoul District Court (76Gahap5) (Decision 76Gahap5)

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The plaintiff confirms that the defendant is not in the position of representative director of the plaintiff company.

The costs of lawsuit are assessed against the defendant.

In addition to cancelling the original judgment, the plaintiff has made a judgment the same as the purport of the claim.

There is no dispute between the parties that the defendant, as the representative director of the plaintiff company, has been dismissed from office of the above representative director on September 3, 1975, that there is no fact that the plaintiff or the third party has asserted that he was in the position of representative director

Therefore, the plaintiff has no interest in obtaining confirmation that the defendant is not in the representative director of the plaintiff company. Thus, the plaintiff's lawsuit seeking confirmation is illegal because there is no interest in confirmation. Thus, this decision is dismissed. The plaintiff's appeal is just and without merit. It is so decided as per Disposition by the application of Article 95 and Article 89 of the Civil Procedure Act to bear the costs of lawsuit.

Judges Kim Young-ju (Presiding Judge)