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(영문) 서울서부지방법원 2019.01.10 2018가합36885

회장선임결의 무효확인

Text

1. The Defendant confirms that a resolution that the board of directors of April 26, 2018 appointed C as the chairperson is invalid.

2...

Reasons

1. Basic facts

A. The Defendant is an organization established with the purpose of promoting friendship among persons who graduated from and completed a master’s degree course (MBA), research course, highest manager (AMP) course, etc. of D University Business Schools, and conducting various businesses for the development of mother schools.

For the above purpose, the Plaintiff is a separate organization consisting solely of graduates and persons who completed the study of master's degree among the Defendant's members.

B. Of the defendant's rules of association and the rules on the appointment of officers, the provisions pertaining to the appointment of the president are as follows:

Article 11 (Appointment of Officers) of the Rules of the Defendant Association

1. The chairperson shall appoint and report to the board of directors from among regular members on the recommendation of the board of directors;

Article 13 (Term of Office of Officers)

1. The term of office of officers shall be two years;

(Sicker omitted)

2. Officers may be reappointed;

Provided, That the reappointment of the chairperson and the auditor shall be limited to once.

3. The term of office of an executive may be extended even after the expiration of his/her term until he/she is appointed thereafter.

Article 18 (Board of Directors)

1.The board of directors shall be composed of a president, a chief vice president, the standing vice president, a standing vice president, a vice president, a secretary general, a standing director and directors and shall deliberate and decide on the following

(4) The chairperson and the auditor prescribed in Article 19 shall be appointed.

2. The board of directors shall be composed of a president, a chief vice president, the standing vice president, a standing vice president, a vice president, the secretary general and a standing director, and shall deliberate and decide the following matters:

(4) The purpose of Article 1 (Purpose) of the Regulations on Appointment of Executive Officers for the Recommendation of Chairperson and Auditor shall be to contribute to the unity and development of the creative meeting by enacting procedures for appointing executive officers fairly pursuant to Article 11 (Appointment of Executive Officers) of the Rules for Defendant Association.

Article 2 (Appointment of Chairperson) (1) The Chairperson of the defendant shall be dismissed in each process.

(2) The chairperson shall appoint and report to the board of directors from among regular members on the recommendation of the board of directors.

Article 8 (Term of Office) The term of office for officers shall be two years.

Provided, That executive officers may be reappointed, and the chairperson and the auditor shall be reappointed only once.

C. C is the board of directors of the Defendant.