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(영문) 서울서부지방법원 2015.01.30 2014가단39933
양수금
Text

1. The instant lawsuit becomes final and conclusive on October 2, 2014 by Seoul Western District Court Decision 2014Da4967, Sept. 11, 2014.

Reasons

ex officio, the decision-making process is that many representative directors jointly represent the company (Article 389(2) of the Commercial Act). Accordingly, if a joint representative director is appointed to a stock company, it is reasonable to view that the litigation takes effect only when the joint representative director is appointed.

In this case, Defendant Company B and C have taken office as a joint representative on June 13, 2014, and entered the same in the corporate registration record on June 16, 2014; the Plaintiff Company applied for a payment order against the Defendant Company as Seoul Western District Court Decision 2014Guj4967; and the Seoul Western District Court ordered the Defendant Company to pay the amount of money the Plaintiff Company requested on September 11, 2014; the above payment order was served on the Defendant Company on September 17, 2014; the Defendant Company filed an objection against the above payment order on September 23, 2014; the Defendant Company affixed only one corporate seal among the joint representative directors; and thereafter, it is evident in the record that the instant payment order application case was executed as the litigation of this case.

Therefore, it is reasonable to view that the objection by the Defendant Company is invalid by only one joint representative director, and that the above payment order became final and conclusive on October 2, 2014 when two weeks have elapsed since the date when it was served on the Defendant Company.

Therefore, the lawsuit of this case is dismissed, and it is so decided as per Disposition by the assent of all participating Justices on the ground that the lawsuit of this case is terminated by the final decision of the above payment order.

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