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수원지방법원 2020.02.12 2018가합24366

이사회결의무효확인

Text

1. Each resolution entered in the “Indication of Resolution” attached to the Defendant’s meeting on October 1, 2018 is null and void.

Reasons

On October 1, 2018, the board of directors of the Defendant convened and held through D, E, F, G, H, etc., and made each resolution on the “Indication of the Resolution.” Although D, E, F, G, and H were appointed at the Defendant’s temporary general meeting on September 21, 2018, the said temporary general meeting of shareholders was not meeting requirements for a resolution under the Commercial Act, or the method of resolution is considerably unfair, and there is a defect in the procedure. The board of directors of the Defendant on October 1, 2018 appointed at the said temporary general meeting of shareholders, which was defective, made by a non-authorized director and made by the non-authorized director without legitimate authority, and there is no dispute between the parties.

Thus, the above board of directors is null and void due to procedural defects, and thus the plaintiff's claim of this case shall be accepted for reasons.

It is so decided as per Disposition.