회사에 관한 소송
1. Each resolution by the board of directors listed in the separate sheet shall confirm that each is invalid;
2. The costs of the lawsuit are assessed against the defendant.
1. Facts of recognition;
A. The Defendant is operating a H hospital with the approval of the general hospital from Gyeyang-gu Incheon Metropolitan City (hereinafter referred to as the “I hospital”) and the J Care Center (hereinafter referred to as the “H hospital, etc.” in combination with H hospital and J Care Center for the aged).
B. Plaintiff A, who is a medical specialist and the Defendant’s founder, served as a director with the Defendant’s representative authority (hereinafter “president”) from April 2007, and registered as the Defendant’s director from June 25, 2012 to January 27, 2014.
C. On May 9, 2012, Plaintiff A entered into a contract with K and L (hereinafter “K, etc.”) to sell all the rights to the Defendant, including the Defendant’s assets and operating rights (hereinafter “instant contract”). The sales price was KRW 12.6 billion among the down payment of KRW 1.5 billion on the date of the contract, and the remainder of KRW 700 million on the date of May 15, 2012, respectively. The intermediate payment of KRW 8.4 billion on June 30, 2012, and the remainder of KRW 2.5 billion on two occasions, and KRW 1.35 billion on one’s own, until September 30, 2012, and KRW 1.35 billion on one’s own, and KRW 1.35 billion on one’s own, were paid by each of the intermediate payment to K, etc. by March 30, 2013.
Plaintiff
A received the down payment of KRW 1.5 billion from K, etc. under the instant contract, and hear that he/she would later pay the intermediate payment and the balance after transferring the president’s position from K, etc., and on July 10, 2012, he/she prepared a performance memorandum to change the Defendant’s president to K, and transferred the Defendant’s seal impression of the Defendant’s directors at the time.
E. Meanwhile, although the Defendant’s chief director was not held on June 25, 2012 and September 17, 2012 each of the Defendant’s board of directors (hereinafter “each of the instant board of directors”) was not held, K as of June 25, 2012, “K as representative director, and Plaintiff A as director,” and “M as representative director, L, N,O as director, and P as of September 17, 2012.”