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(영문) 대구지방법원 2018.05.17 2017가합205336

이사회결의무효 등 확인의 소

Text

1. On August 25, 2014, the Defendant confirms that a resolution that the board of directors appoints C as a director is invalid.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts and relevant regulations;

A. The relevant Defendant, etc. is a school foundation established on June 30, 1978 under the Private School Act, which operates D High Schools. The Plaintiff is a person who was appointed as the Defendant’s director on July 29, 2013, and C is a person who was appointed as the Defendant’s director on October 11, 2006 (on October 11, 2010 and October 11, 2014), and is a person who was appointed as the Defendant’s president on September 29, 2014.

B. The Defendant, on August 25, 2014, passed a resolution of holding a board of directors and appointing open directors (1) on August 25, 2014, on August 25, 2014, at the Defendant’s corporate office’s sixth board of directors in the year 2014 (hereinafter “instant board of directors”).

At the time, the number of the directors of the defendant was eight, and the number of the directors of the board of directors was six (the chief director E, F, A (Plaintiff), G, H, and C), but all the six directors were present at the board of directors of the case. 2) The board of directors of the case made a resolution to appoint E and C as the defendant open director (hereinafter referred to as the “resolution of this case”). In this regard, the contents in the minutes of the board of directors of this case were as follows.

The proposal No. 3: A case of approving the appointment of a school juristic person B(Additional Bill): The appointment of a director and the appointment of a director is recommended by the Committee for Recommendation of an Open Director, so I will retire due to the reasons for exclusion of this case.

During the election of the National Assembly, the President pro tempore pro tempore will be asked for the thickness of the National Assembly members.

(E) Directors E, C, and C: A was recommended by two times the fixed number of open directors to the members of the Open Director Recommendation Committee on July 22, 2014 in accordance with Article 20 Section 2, 3, and 4 of the Articles of Incorporation of this Corporation.

I propose that two of these parts shall be decided by vote on the appointment of open directors.

Speaker pro tempore: I have explained the proposal for appointment of A director's open director.

All other opinion-free directors: non-existent.

H: I consent to the proposal of the director A.

Directors G: consent.

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