In case where the court suspends the performance of duties of directors, etc. due to a provisional disposition under Article 407 (1) of the Commercial Act and appoints such agents, whether the directors, etc. whose performance of duties has been suspended due to such provisional disposition may be appointed as acting directors (negative)

In case where the court suspends the execution of duties of directors, etc. as a provisional disposition under Article 407 (1) of the Commercial Act and appoints such agents, the previous directors, etc. whose execution of duties is suspended by a provisional disposition shall not be appointed as an acting director.

Article 407 (1) of the Commercial Act

Jung-Jin et al.

Msan District Court Order 90Ka3187 Dated August 1, 1990

The order of the court below is reversed, and the case is remanded to Masan District Court Panel Division.

If the court suspends the execution of duties of directors, etc. as a provisional disposition under Article 407 (1) of the Commercial Act and appoints the agent, the previous director, i.e., the director whose execution of duties has been suspended by the provisional disposition shall not be appointed as the acting director.

According to the records, the special appellant filed an application for provisional disposition against the respondent who became the applicant for the suspension of the performance of duties of directors, etc. of the non-applicant concrete industry corporation and the appointment of the agent thereof on July 27, 1990 (the decision of August 3, 1990). The court below suspended the performance of duties of the representative director and the director Lee Ho-ho, the maximum number of directors, Dong-ho, Dong-ho, Dong-ho, Dong Kim Jong-ho, Dong-ho, Dong-ho, and auditor Kim Jong-young, and appointed the officer and the representative director and the representative director for the suspension of the performance of duties to Kim Jong-Un and the representative director for the reason that he was dismissed from the above Kim Jong-Un and Park Jong-young and the representative director for the removal of the above Kim Jong-Un and the representative director for the acting director for the representative director for the representative director, Kim Jong-ho, and the appointment of the auditor for the reason that the above suspension of duties cannot be made an unlawful disposition or the provisional disposition of this case.

Therefore, the order of the court below is reversed, and the case is remanded to the court below. It is so decided as per Disposition by the assent of all participating Justices.

Justices Yoon So-young (Presiding Justice)