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(영문) 부산지방법원동부지원 2017.12.15 2017가합101798

회사에 관한 소송

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The defendant is a medical corporation established for the establishment and operation of a medical institution, and the "Evalescent Hospital" located in Busan Shipping Daegu D (hereinafter "the hospital of this case").

The Plaintiff is operating. The Plaintiff is a person who served as the Defendant’s president from October 24, 2014 to October 22, 2016. 2) The Defendant’s articles of incorporation determines the type and number of officers as the chief director, one standing director, five to seven directors (including the chief director), and two or less auditors.

Until the transfer of the instant resolution, the Plaintiff, directors F, G, H, I, J, and C were registered as the executive officers of the Defendant.

B. 1) On August 10, 2016, the Defendant sent a notice of convening a temporary board of directors to the directors on August 16, 2016, on the agenda of “the removal and appointment of directors, directors, and directors” on August 10, 2016. The above notice of convening a temporary board of directors on August 16, 2016 was indicated as “C Acting for the Chief Director.” (2) The Defendant sent a notice of convening a temporary board of directors on October 18, 2016, to the directors, on the ground that the Plaintiff’s contact was interrupted on October 11, 2016, thereby hindering the operation of the Defendant corporation.

3) On October 20, 2016, the Defendant sent to the directors a notice of convening a temporary board meeting with the same content as the notice of convening a notice of convening a temporary board on October 22, 2016, stating that a temporary board meeting shall be held on October 12, 2016.

C. 1) The Defendant’s resolution of dismissal against the Plaintiff (hereinafter “Board of Directors of this case”) on October 22, 2016, the temporary board of directors (hereinafter “Board of Directors of this case”).

A) The Defendant’s director C, I, F, J, and G 5 were present. C was delegated by the J, the most extended among the directors, and the meeting was proceeded. The Defendant’s directors recommended that the Plaintiff be dismissed from the president and the director’s position for the following reasons.