이사회결의 무효 확인
1. A resolution that the Defendant, at the second meeting of the board of directors, appointed C as the chief director acting for the president on March 31, 2015.
The fact that there is no dispute is a school foundation that establishes and operates a kindergarten attached to D Universities, E High Schools, F High Schools, E High Schools, Female Middle Schools, and D Universities and Colleges. The plaintiff is a person who has the right to take emergency measures as a former director on June 20, 2012, whose term of office expires on June 19, 2015 as the defendant's director on June 20, 2012.
The defendant decided to hold the second board of directors on March 31, 2015 even in the year of 2015.
(hereinafter “Board of Directors”). Around March 18, 2015, the Defendant sent a muster notice to the Plaintiff, C, G, H, H, I, J, K, and L.
The above notice reached around that time.
In the notice of convening the board of directors of this case, the notice of convening the board of directors of this case contains the following items: (i) election of the chief director, (ii) amendment of the articles of association and enforcement regulations, (iii) appointment and withdrawal of appointment of corporate executives (the appointment of a plaintiff, L, K director withdrawal, and replacement); (iv) election of the president of D University; (v) promotion of professors of D University; and (vi) other agenda items as meeting items,
The instant board of directors participated in C, G, H, J, and K, and the Plaintiff, I, and L were not present.
At the time of the instant board of directors, the Plaintiff, the Defendant, G, H, and I had the status as a director of the Defendant, but the J, K, and L did not have the status as a director.
On March 31, 2015, five of eight persons, who were notified of convening a meeting, were present at the board of directors of the instant case, and a resolution was made to appoint C as an acting president of the Defendant (hereinafter “instant resolution”) with the consent of all participants.
According to Article 29 of the defendant's articles of incorporation, the director's right to the appointment of executive officers is prohibited from participating in the resolution.
C No voting right may be exercised by a party to the resolution of this case, which is appointed as a chief director and acting director C.
In order to arrange the persons who received a muster notice of the board of directors of this case, those who attended the meeting, those who consented to the resolution of this case, etc., the following [Attachment]
5. Serial.