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(영문) 서울중앙지방법원 2018.05.30 2017가단5125316
손해배상(기)
Text

1. The instant lawsuit shall be dismissed.

2. The litigation costs are assessed against C who is represented by the plaintiff.

Reasons

We examine the defendant's defense prior to the merits.

If the period of suspension is determined in the course of a provisional disposition suspending the performance of duties against a director, the validity of the provisional disposition becomes extinct, and the authority and status of the acting director appointed in order to perform the duties suspended by such provisional disposition shall also be extinguished (see, e.g., Supreme Court Order 2015Ma4413, Nov. 29, 2016). According to the written evidence Nos. 1 through 3, the rights and status of the representative and director of the plaintiff who is represented by the plaintiff C as the representative of the plaintiff and the director were extinguished as of August 12, 2016, which is the date of the pronouncement of the first instance court in the principal case, based on which the suspension of the performance of duties is based.

Therefore, C cannot be deemed a legitimate representative of the Plaintiff. Thus, the instant lawsuit is dismissed as it is unlawful without examining it as a lawsuit brought by a person without the power of representation, and the costs of lawsuit are to be borne by C, who is named as the Plaintiff’s representative, pursuant to Articles 108 and 107(2) and (1) of the Civil Procedure Act. It is so decided as per Disposition.

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