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(영문) 대전지방법원천안지원 2017.09.08 2016가합100914

이사지위부존재확인등

Text

1. Ascertainment that the defendant's position as director does not exist in D, E, F, G, H, and I.

2. The plaintiff.

Reasons

1. Basic facts

A. The defendant is a medical corporation established on October 26, 201 for the purpose of establishing and operating a medical institution. The plaintiffs and J were appointed as the defendant's promoter on the establishment date.

B. On July 31, 2013, the Defendant held a board of directors. At that time, the Defendant’s directors were the Plaintiffs, K, J, and L, and the said board of directors attended by four remaining directors excluding J.

K and L submitted a resignation letter of directors at the board of directors, and M, N,O, and P were appointed as directors.

C. As of August 14, 2013, the minutes of the Defendant’s board of directors were prepared. The Defendant’s board of directors was held on August 14, 2013, and the Defendant’s seven directors (Plaintiffs, J, M, N,O, P) stated that Plaintiff A and M, N,O, five persons present at the Plaintiff, and Q, R, and S were appointed as directors.

(hereinafter the above board of directors referred to as “the first board of directors,” and the above board of directors’ resolution to appoint Q, etc. is referred to as “the first board of directors’ resolution”). D.

On February 26, 2014, the Defendant held a board of directors. On February 26, 2014, the said board of directors passed a resolution to dismiss N andO from directors with the consent of all members present at the Defendant’s directors.

(hereinafter the above board of directors is referred to as “the second board of directors of this case,” and the above board of directors’ resolution is referred to as “the second board of directors resolution of this case.”

On June 15, 2015, the Defendant held a board of directors on June 15, 2015, and at the above board of directors, M, P, Q, R, 5 were present at the board of directors, and a resolution was passed to appoint 6 directors from among T, D, E, F, G, and H.

(hereinafter the above board of directors referred to as the "third board of directors of this case" and the above resolution of the board of directors was referred to as the "third board of directors resolution of this case". Meanwhile, M, P, Q, R, and five persons were submitted by the board of directors of the above board of directors.

F. On September 22, 2015, the Defendant held a board of directors, and the said board of directors passed a resolution to appoint I as a director.

The above board of directors is referred to as the “Board of Directors 4 of this case.”