이사회결의무효확인
1. The Defendant’s appointment of C, D, E, and F as each director, G, and H as the auditor on January 5, 2016 confirms that the resolution is null and void.
2.
1. Facts of recognition;
A. The Defendant is a social welfare foundation established to contribute to the promotion of the welfare of local residents through the establishment and operation of a comprehensive social welfare center. The Plaintiff is a social welfare foundation under Article 18(2) of the Social Welfare Services Act, from among those recommended by the social welfare committee or the regional social welfare consultative body as multiples of the number of directors
Accordingly, on January 24, 2014, the defendant's director was appointed and serves as director until now, and I is the defendant's founder and the defendant's representative director.
B. At the time of January 5, 2016, the Defendant’s representative director was I. The Defendant’s directors were J, K, L, M, M and N,O, P, Q, R and the Plaintiff (in total of 11 persons including the representative director), and the Defendant’s auditor was S and T.
C. On December 15, 2015, J, K, L, M, auditor S, and T, the Defendant’s director, submitted each letter of resignation to the Defendant (hereinafter “J, etc.”), and I demanded J, etc. to submit two copies of the certificate of personal seal impression and two copies of the resident registration to J, etc. until December 24, 2015, but the J, etc. did not submit the above documents. However, on January 4, 2016, the J, etc. submitted a letter of explanation to the Defendant that “each of the above resignation was submitted by coercion by force by U.S., the Defendant’s standing director, and thus, revoked it.”
On January 5, 2016, the Defendant held a temporary board of directors.
(hereinafter the above temporary board of directors is referred to as “the board of directors of this case”).
The board of directors of the instant case was present at the meeting of the Defendant, including I, N, P, Q,O, and the agenda for the dismissal of J, etc., and the agenda for appointing C, D, E, and F as a director, G, and H as an auditor.
(B) The Plaintiff,O, Q, and N, present at the instant board of directors, did not submit relevant documents by J, etc.