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(영문) 광주지방법원장흥지원 2019.11.05 2019가합5015
직인인도 등
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are D (the representative of the plaintiff before the representative is changed).

Reasons

1. Basic facts

A. The Plaintiff Fisheries Partnership A (hereinafter “Plaintiff Union or Plaintiff”) is a fisheries partnership that completed the registration of incorporation on June 1, 2010 pursuant to Article 16 of the Act on Fostering and Supporting Agricultural and Fisheries Enterprises for the purpose of improving fishery productivity, increasing the income of its members, and enhancing their social and economic direction through the rationalization of fisheries management.

B. Defendant B, upon the establishment of the Plaintiff Union on June 1, 2010, was appointed as the representative director of the Plaintiff and resigned from his office around December 2010.

(A) No registration of resignation shall be completed. (c)

Plaintiff

On March 16, 2013, a union decided to hold a general meeting of its members to dissolve a Plaintiff union until June 30, 2015. Defendant B, who is a member of the Plaintiff union (which was the representative director of the Plaintiff’s corporate register at the time), was appointed as a liquidator of the Plaintiff union.

D filed the instant lawsuit by indicating himself as the representative of the Plaintiff, and this Court changed the Plaintiff’s representative indication from D to E so that the Plaintiff’s representative can be explained as to the representative authority of the Plaintiff’s association.

On June 27, 2019, this Court ordered the Plaintiff to examine the representative of the Plaintiff union on June 27, 2019 (as stipulated in Articles 64 and 59 of the Civil Procedure Act). On the first day for pleading of this case, the Court ordered the Plaintiff’s representative to vindicate the representative’s power of representation on the date for pleading of this case.

(1) On the first day for pleading, the Plaintiff submitted only a withdrawal of the lawsuit to the effect that the lawsuit of this case is withdrawn, but did not give sufficient explanation as to the power of representation.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 3, 24, 27 and the purport of the whole pleadings

2. Determination as to the legitimacy of the instant lawsuit

A. Prior to the merits, D had not been entitled to represent the Plaintiff, and filed the instant lawsuit by indicating that it represents the Plaintiff, and indicating the Plaintiff’s representative.

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