이사회결의무효확인의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The parties 1) The Defendant is a school foundation that establishes and operates seven schools including D University. 2) On January 1, 2010, the Plaintiff was appointed as a Defendant’s general director (a director is divided into a general director and an open director, and an open director is appointed from among persons recommended outside the board of directors, unlike a general director), and his term of office expired on December 31, 2012, and thereafter was not again appointed by the Defendant’s 46th board of directors held on January 22, 2014 (hereinafter “Board of Directors”).
B. The provisions of the Private School Act, the Enforcement Decree thereof, and the Articles of Incorporation of the Defendant (hereinafter “instant Articles of Incorporation”) related to the instant case are as stated in the relevant provisions.
C. The Defendant’s board of directors (hereinafter “board of directors”)
(1) On January 1, 2010, the board of directors appointed on March 10, 2010, consisting of nine general directors as follows: (a) the director appointed on March 10, 2010: J, K 2) the F resigned on February 19, 2012; and (b) the board of directors, on February 23, 2012, decided to elect an open director as a successor under Article 14(3) of the Private School Act and Article 2 of the Addenda (hereinafter “instant Addenda”) and Article 24-2 of the instant Articles of Incorporation.
3) The chief director shall be the Open Director Recommendation Committee (hereinafter “Recommendation Committee”).
A) On March 13, 2012, April 24, 2012, and July 10, 2012, the request was made to recommend two persons eligible for appointment of an open director to be appointed as a successor of F throughout the period of three times on July 10, 2012. However, the recommendation committee failed to recommend within 30 days. 4) The president did not recommend those eligible for appointment of an open director after the expiration of the term of office of other directors to the recommendation committee on December 6, 2012, when there was no recommendation of a person eligible for appointment of an open director after the expiration of the term of office of the other directors to be appointed as a successor of F and three open directors as stipulated in Article 24-2 of the instant Articles of Incorporation.