logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2014.04.08 2013가합3503
부당이득금반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Whether the lawsuit of this case is legitimate

A. The Defendants’ defense of this case is a company deemed dissolved pursuant to Article 520-2(1) of the Commercial Act, and the Plaintiff did not have any substance and did not legally appoint a representative liquidator for the purpose of handling liquidation affairs. As such, D, which did not have the registration of a liquidator, has a defense to the effect that the lawsuit of this case filed on behalf of the Plaintiff is unlawful. Thus, prior to determining the merits, we examine whether the lawsuit of this case is legitimate or not.

B. 1) In full view of the purport of the entire pleadings in the statement No. 1 in the statement No. 1, the Plaintiff was ordered to be dissolved pursuant to Article 520-2(1) of the Commercial Act on December 3, 2012 (Article 520-2(1) of the Commercial Act).

4. The fact that the purport of the principle of dissolution in the corporate register is registered, and the fact that D was registered as the representative director at the time of such registration may be recognized.

2) According to the above facts, the plaintiff is deemed to continue to exist within the scope of the purpose of liquidation because it has not yet reached the conclusion of liquidation until three years have not yet passed since it was deemed to be dissolved (see Articles 520-2(3) and (4), 542, and 245 of the Commercial Act, and Articles 520-2(3) and (4), 542, and 245 of the Commercial Act, even if the company's legal relationship remains and it is necessary to adjust in reality as the legal relationship

(See Supreme Court Order 90Ma672 delivered on April 30, 1991). Where a corporation is dissolved, directors, representative directors shall naturally be a liquidator or representative liquidator if the articles of incorporation provide otherwise or the general meeting of shareholders does not appoint a liquidator separately (see Supreme Court Order 90Ma672 delivered on April 30, 1991). Except in the case of merger, division, merger, or bankruptcy, a director, representative director shall be a liquidator or representative liquidator (see Supreme Court Order 531(1) of the Commercial Act

There is no complaint for the representative liquidator.

arrow