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(영문) 대전지방법원 2015.12.23 2015가합103252

이사회결의부존재 및 무효확인

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a foundation that operates the H Hospital in Sejong Special Self-Governing City G (hereinafter “H Hospital”).

B. On November 10, 2014, the Defendant held a board of directors and passed a resolution to appoint C, D, E, and F as the Defendant’s director (hereinafter “instant resolution”).

C. At the time of November 10, 2014, the current status of directors in the corporate registry of the defendant as of November 10, 2014 is as follows:

[Attachment: The current status of directors on the register of shareholders] A director who has one power of representation as of May 23, 2013, who was non-registered on the date of registration of the date of dismissal or resignation; on May 29, 2013, 3 directors K on May 8, 2009, 4 directors who were dismissed on June 8, 2009, and L on July 17, 2009, 207, 5 directors who retired on July 28, 2015, retired on July 27, 2014, 2015, retired on November 25, 2014; < Amended by Presidential Decree No. 23748, Nov. 25, 2014; Presidential Decree No. 25874, Nov. 29, 2014>

D. On July 16, 2015, the Defendant sent a board of directors muster notice to the Plaintiff, D, P,O, N, M and Defendant Auditor by content-certified mail.

Notice of meeting of the board

1. Date and time on July 23, 2015:

2. Three-story S meeting rooms of the Seo-gu Daejeon Daejeon District Court;

3. Purpose of convening the meeting and agenda items;

(a) Appointment of C New Directors;

(b) Appointment of new directors E;

(c) Appointment of new directors;

(d) the appointment of a new director;

E. On July 23, 2015, the Defendant held a board of directors and held C, E, F, and T as a new director of the Defendant’s new position during the attendance of the three members I, N, and D on July 23, 2015 (hereinafter “Resolution”)

The articles of incorporation of the defendant. Article 11 (Types of Officers and Fixed Number (1) The kinds and fixed number of officers to be placed in this corporation are as follows:

1. One chief director;

2. Not less than five but not more than fifteen directors (including the chief director and the standing director);

3. Three or less auditors. Article 12 (Appointment and Dismissal of Officers) (3) Where a corporation fails to elect the next executive officers due to a delay in holding a meeting of the board of directors, and the term of office expires.