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(영문) 부산지방법원동부지원 2015.05.07 2014가합665
임원변경등기말소등기
Text

1. In the written resolution of the shareholders of Defendant C Co., Ltd. on October 25, 2013, inside directors and representative director A, in-house directors B.

Reasons

1. Basic facts

A. In the corporate register of Defendant C Co., Ltd. (hereinafter “Defendant C”), the Plaintiff was registered as the representative director and in-house director; the Plaintiff B was registered as in-house director; and the Plaintiff D (hereinafter “Defendant D”), respectively, as in the corporate register of Defendant D Co., Ltd. (hereinafter “Defendant D”), as in-house director; and the Plaintiff A was registered as an auditor.

B. On October 29, 2013, F made an application for registration of change of executive officer on the ground that: (a) the Daegu District Court racing support himself/herself deemed as one shareholder of Defendant C; and (b) the relevant documents were prepared on October 29, 2013; (c) the Plaintiff C’s representative director and in-house director; (d) the Plaintiff B from the internal director; and (e) the Plaintiff B from the internal director and the auditor; and (e) the appointment of the F as the auditor; and (e) the registration of change of executive officer was completed on the corporate register of Defendant C.

(c)F. b.

On October 25, 2013, the Daegu District Court of the same day as the date mentioned in paragraph (b) filed an application for registration of change of executive officer on the ground that there was a resolution (hereinafter collectively referred to as the "resolution in this case") on the following grounds: (a) Defendant D’s written resolution of the shareholder on October 25, 2013 that he/she would be deemed as one shareholder of Defendant D; and (b) Defendant D’s registration of change of executive officer was completed on the corporate register on the same day.

1. Until the judgment on the merits becomes final and conclusive, F shall not perform the duties of Defendant C Co., Ltd and inside-house directors, while G shall not perform the duties of Defendant C Co., Ltd and Defendant D Auditor respectively.

2. During the period during which the performance of duties is suspended, attorneys H (the first second floor in Jeju) shall be appointed as an internal director of each of the above companies, and attorneys J (K in Jeju) as an auditor of each of the above companies, respectively. D.

The Plaintiffs are the Plaintiffs.

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