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(영문) 대구지방법원 2016.09.29 2016가합1971
사임임기등기절차이행
Text

1. The defendant shall implement the procedure for registering the resignation of the plaintiff's representative director and in-house director.

2...

Reasons

1. Determination on the cause of the claim

A. The plaintiff is registered as the defendant representative director and in-house director under the name of the plaintiff, but did not perform his/her duties, and even though he/she was notified of his/her resignation several times, the defendant refuses to do so, and thus, he/she is seeking the implementation of each of the above procedures for registration

B. Article 382(2) of the Civil Act provides that “The relationship between a company and a director shall be governed by the provisions on delegation of the Civil Act (Article 382(2) of the Commercial Act).” Article 689(1) of the Civil Act provides that “The delegation contract may be terminated at any time

C. According to the evidence evidence No. 1, the defendant, after being established for the purpose of selling agency business on April 12, 2007, can recognize that the plaintiff was appointed as the defendant's inside director and the representative director on September 19, 201. The fact that the copy of the complaint of this case where the plaintiff's above representative director and the director of the company are declared to resign has reached the defendant's special representative agent D around July 7, 2016 is clear.

Therefore, delegation contract between the plaintiff and the defendant as representative director and in-house director was legally terminated.

Therefore, the defendant is obligated to implement each procedure for the registration of resignation of defendant representative director and in-house director to the plaintiff.

2. If so, the plaintiff's claim is justified and it is so decided as per Disposition.

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