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1. The part requesting the dismissal of a joint representative among the lawsuits in this case shall be dismissed.
2. Defendant C, Inc.
Reasons
1. Of the instant lawsuit, the part concerning the claim for dismissal of the joint representative director among the instant lawsuit is ex officio determined on whether the part concerning the claim for dismissal of the joint representative director is lawful, and the part concerning the claim for dismissal of the Defendant C from the joint representative director of the Defendant Company B, constitutes an action for formation aimed at forming a modified legal relationship, and the lawsuit for formation is instituted only in cases where
However, Article 385 (2) of the Commercial Act only provides for the request for dismissal of a director, and there is no other legal provision concerning the dismissal of a representative director.
In addition, since the representative director is based on the premise that he/she is a director, he/she can deprive him/her of his/her status through a lawsuit claiming dismissal of directors, and thus, he/she has no interest in claiming dismissal of the representative director.
Therefore, the part seeking to dismiss Defendant C from the joint representative director of Defendant B among the instant lawsuit is unlawful because there is no legal basis, and there is no benefit of lawsuit.
2. Determination on the claim for removal of a director
(a) Indication of claims: To be as shown in the attached Form;
(b) Applicable provisions of Acts: Article 208 (3) 1 of the Civil Procedure Act;
3. In conclusion, the part of the claim for dismissal of a joint representative among the lawsuits of this case is unlawful and dismissed, and the remainder of the plaintiff's claim shall be accepted for reasons.