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(영문) 광주지방법원 2018.01.23 2017노384
공정증서원본불실기재등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendants misunderstanding the facts are merely appointing and registering a representative director, director, auditor, etc. at the above general meeting on November 26, 2012 with legal advice and consultation for the purpose of normalizing the operation of the F Farming Association (hereinafter “the instant corporation”), and there was no intention for each of the crimes as indicated in the holding of the lower judgment.

B. Each sentence of the lower court against the illegal Defendants is too unreasonable.

2. Comprehensively taking account of the following circumstances acknowledged by the lower court’s duly admitted and examined evidence, the Defendants’ assertion of misunderstanding of facts is rejected, on November 26, 2012, on the grounds that, even though they are aware that the temporary members’ meeting was not lawfully convened by a person with authority to convene a general meeting, the Defendants prepared the minutes of the members’ general meeting and the minutes of the board of directors’ meeting and recorded them in the corporate registry of the instant case, and entered them in the corporate registry of the instant case with qualification as the representative qualification and submitted them to the court. Accordingly, the Defendants

① On August 17, 2011, K and Y filed an application for a provisional disposition suspending the performance of duties against Defendant A, etc. with the Gwangju District Court 201Kahap 179, K and Y applied for a provisional disposition suspending the performance of duties. On August 17, 2011, the said court rendered a decision that Defendant A shall not perform the duties of directors until the judgment on the merits under 1564 became final and conclusive, and accordingly, Defendant A’s director’s authority was suspended.

② Since then, in the instant case No. 2011, the instant case on the merits of the instant provisional disposition, the said court rendered a ruling that the instant corporation did not have a resolution to appoint Defendant A as a director on November 15, 201.

Defendant A is disqualified as a member of the instant legal entity.

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