logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주고등법원 2015.08.26 2015나747
업무집행자 지위 부존재확인 등
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. In around 192, the Plaintiffs, as dentists, established a dental clinic with the name “E dental clinic” (hereinafter “E dental clinic”). The Defendant, from June 1, 2008, has invested approximately KRW 150,000,000 in E dental clinic from around June 1, 2008, as dentists, with E dental clinic as well as with the Plaintiffs.

B. F, G, J, H, and I as dentists, invested an amount equivalent to KRW 200 million in relation to the operation of E dental clinic, and F, from January 1, 2010 after having invested an amount equivalent to KRW 200 million, and from around April 1, 201, G, paid KRW 200 million to pay the Plaintiff’s loan obligations, and subrogated the Plaintiff’s loan obligations, and H, from around August 8, 201, invested an amount equivalent to KRW 320 million in the Plaintiff’s loan obligations, and from around August 1, 2011, H, from around December 1, 201, after having invested an amount equivalent to KRW 300 million in the Plaintiff, Defendant, and E dental clinic.

C. On September 5, 2014, the Plaintiffs withdrawn from the partnership relationship with E dental clinics.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-2, 3, Gap evidence 2, Eul evidence 12-1 and Eul evidence 12-2, the purport of the whole pleadings

2. Determination as to the legitimacy of the instant lawsuit

A. The Plaintiffs’ assertion 1) Defendant, F, H, and G (hereinafter “Defendant, etc.”)

On September 9, 2013, the Joint President's meeting approved the voluntary withdrawal of the defendant, etc. at the Joint President's meeting on September 20, 2013.

As such, the defendant has already withdrawn from the partnership business relationship, and there was no resolution to reverse the withdrawal of the defendant, etc., so the defendant cannot become the administrator of the E dental clinic.

Nevertheless, on January 20, 2014, the defendant et al. selected the defendant as the representative director, changed the previous business registration and the representative passbook under the name of the plaintiff A, ordered the employees of E dental clinics to conduct unfair business instructions, obstructed the plaintiffs' medical treatment, etc., and the defendant is also in the position of the manager of E dental clinic until now.

arrow