이사지위확인
1. The plaintiff confirms that he is the defendant's director.
2. The costs of the lawsuit are assessed against the defendant.
1. Basic facts
A. On March 26, 2015, the Defendant held a general meeting of shareholders (hereinafter “instant general meeting of shareholders”) and passed a resolution to appoint the president, auditors, and directors of the partnership.
The minutes of the general meeting of this case elected six full-time directors, and the elected person is written by the plaintiff together with C, D, E, F, and G.
B. However, on April 8, 2015, the Defendant made a re-verification, and the Defendant’s president, chairman of the election management commission, etc. confirmed that “3 votes obtained in the order of E, F, G, H, H, I, and C as a result of re-verification. However, on the day of the instant general meeting, 3 votes in the nine votes, which were invalid and disposed of by the election commission, shall be treated as valid, and overlapping six votes shall be cut off, and where the same person’s re-checks are treated as invalid, it shall be confirmed that they obtained in the order of E, F, G, H, C, and D.”
[Ground for Recognition: Facts without dispute, entry of Gap evidence 1, purport of whole pleadings]
2. Determination as to the cause of action
A. The plaintiff, which is the cause of the claim, was elected as a non-standing director at the general meeting of this case, and since the defendant did not recognize the status of the plaintiff as a director when preparing a re-examination report as above and preparing a confirmation document, the plaintiff shall
B. As a matter of principle, voting rights shall be determined by attending a general meeting directly and exercising a full explanation of the debate or agenda. Even if the resolved person has expressed his/her intent in advance before debate, changing the contents of his/her resolution through debate is the core value of debate or the decision at the body of the meeting.
The exercise of voting rights in writing is a system prepared as a supplementary measure for those who are unable to attend a general meeting without debate, and thus, it cannot be deemed that the voting rights in writing have been exercised until a resolution on the relevant agenda is reached on the day of the general meeting. Therefore, even if a written resolution is submitted, the person who submitted it shall withdraw it and then new.