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(영문) 서울중앙지방법원 2014.05.15 2013가합65524

연석회및이사회결의무효확인

Text

1. All of the plaintiffs' primary claims are dismissed.

2. The defendant is M at the annual conference on May 1, 2012.

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged by taking into account Gap evidence Nos. 2 through 4, 6 through 11, 14 through 17, 19, 22 (including each number; hereinafter the same shall apply), Eul evidence Nos. 1 through 10, 12, 14, 20 through 22, and 36, and the whole purport of the arguments as a result of the plaintiff's party's personal examination:

The status of the parties and the provisions relating to the officers of the defendant 1) The defendant is the clan of this case (hereinafter referred to as the clan of this case).

(1) The Foundation established on September 24, 1970 by thisO’s contribution to property for the purpose of thisO’s promotion of the So-O’s So-young Chang, So-young’s scholarship, and for the unity and friendship of clans, and the Plaintiffs are the Intervenor joining the Intervenor (hereinafter referred to as the “Supplementary Intervenor”) by a resolution of each board of directors on May 1, 2012 and May 22, 2012.

Before the appointment of 7 directors, including the Plaintiff A and M, the former directors of the Defendant (which was the president and the vice president of the Plaintiff B among them).

2) The Defendant’s articles of incorporation has nine directors (including one chief director and one vice chief director) and two auditors (Article 5). Among the nine directors, the nine directors shall be elected at the annual meeting as deemed below. Among the nine directors, seven of the nine members shall be elected for each of the seven-party clans (P, Q, R, S, T, U, V, and hereinafter referred to as the “seven-party clans” in this case (Article 6(2) and (5)), one for each of the seven-party clans (where the said seven-party clans are referred to in the said seven-party clans), and the chief director and the vice chief director shall be elected from among the directors by the board of directors.

(Article 6(1). On the other hand, according to the defendant's articles of incorporation, seven members shall be appointed separately from the defendant's officers, and a member of the council composed of the defendant's directors shall be appointed one for each of the 7th clans of this case (Article 19(1) and (4)), and a resolution on matters concerning the appointment and dismissal of officers at the annual council consisting of all of the directors and members (Article 19(1) and (4).

(Articles 20, 21). (b)

On August 2006, the former personnel regulations enacted by the delegation of Article 36(3) and (5) of the defendant's articles of incorporation to amend the personnel regulations of the defendant.