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(영문) 서울남부지방법원 2014.10.30 2014가합103092
대표청산인자격부존재확인의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company established by the investment of Defendant, D Co., Ltd., E Co., Ltd., and F Co., Ltd. in China.

The defendant holds 98.11% of the shares of the plaintiff and has the authority to appoint the Dong President, a representative of the plaintiff.

B. C was appointed as the representative director of the Defendant on June 12, 2000, and the Defendant deemed dissolved under Article 520-2(1) of the Commercial Act on December 5, 2005, and the registration of dissolution was completed on December 9, 2005, and the entry of the representative director and the director was completed.

Since then, the defendant was declared bankrupt on June 14, 2007 by Cheongju District Court 2006Hahap1, and the bankruptcy trustee was appointed. On August 13, 2007, the bankruptcy discontinuation decision was closed on September 4, 2007.

C. C applied for the appointment of the Defendant’s liquidator as Cheongju District Court 2013 non-joint16, but the directors at the time of dissolution were the Defendant’s liquidator, and was dismissed on the grounds that there is no need to appoint a liquidator, and applied for the restoration of the Defendant’s registration record and the registration of the liquidator to perform the Defendant’s liquidation business, and the Defendant’s registration record was restored on December 13, 2013, and the registration was completed as the Defendant’s representative liquidator at the time of dissolution as the Defendant’s representative liquidator at the time

C On January 29, 2014, as the representative liquidator of Defendant representative, a general meeting of shareholders was held to dismiss the Plaintiff’s Dong president G, and a resolution was passed to appoint C as the president of the Plaintiff’s Dong president. On February 14, 2014, the Plaintiff filed a complaint against G on the grounds of suspicion that he/she embezzled the Plaintiff’s asset sales proceeds, and that he/she did not take a non-prosecution disposition with respect to G on September 26, 2014.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 8, Eul evidence Nos. 2, 7, 8, 13, 16, and 17, and the purport of the whole pleadings

2. Determination

A. The plaintiff's assertion.

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