이사회결의부존재확인등
1. Of the judgment of the first instance court, a resolution of the board of directors of June 10, 2014, filed by the Plaintiff A, and that of the Defendant, appointed D and E as a director.
1. The defendant is a foundation which aims at the business of establishing and operating private charnel facilities.
On August 16, 2012, a creditor, Busan Savings Bank, Inc., Ltd. (hereinafter “BO Savings Bank”), who was declared bankrupt on August 16, 2012, was appointed by the Korea Deposit Insurance Corporation (hereinafter “Plaintiff Deposit Insurance Corporation”), as a trustee in bankruptcy of the Busan Savings Bank, and the Plaintiff A was appointed as the Defendant’s director on August 23, 2013 through the agent of the manager of the Busan Savings Bank and the Plaintiff Deposit Insurance Corporation.
As the Defendant’s existing director D and E’s term of office is expected to expire on June 10, 2014, D sent a muster notice to the Plaintiff on May 22, 2014, stating that “Temporary: 14:00 on June 2, 2014, and bill: Not for the appointment of directors:” to the Plaintiff.
At the meeting of June 3, 2014 and June 5, 2014, the above board of directors and its related parties discussed the contents that “A, D, and E shall be appointed as directors on the condition that the articles of incorporation shall be modified to increase the number of directors to four and that one of the members of the Plaintiff Deposit Insurance shall be additionally appointed as directors,” but no specific agreement has been reached.
Plaintiff
A, D, and E discussed the appointment of directors again on June 9, 2014, but the difference in opinions was narrow and the meeting was held.
Since then, D and E shall attend the board of directors resolution (hereinafter “the first board of directors resolution”) and “three directors (D, E, and C) attend the board of directors resolution (hereinafter “the first board of directors resolution”) on June 9, 2014, stating that “D, E, and E shall resign from directors and resign from directors,” and “D and E shall be reappointed from directors” (hereinafter “the second board of directors resolution”) by the board of directors resolution (hereinafter “the second board of directors resolution”) on June 10, 2014; hereinafter “the first and second board of directors resolution”) shall be completed due to the removal, resignation, appointment, and registration following the resolution of directors.
The articles of incorporation of the defendant in relation to the instant case are as follows.
Article 15 (Types and Fixed Number of Officers) This Corporation shall be: