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(영문) 광주지방법원 2015.08.21 2014가합2794 (1)
이사회결의무효확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The status of the parties is a school foundation that has established and operates seven schools including B, and the plaintiff on September 30, 2013 at the defendant's fourth 42 meeting of the general director [the same as the ordinary director (as stated in the purport of the claim)].

(ii)are divided into an open director, and an open director is a person appointed as an open director, unlike a general director, from among the directors recommended outside the 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: D (president), E, C, F, G, H, H, and I: J, K2) resigned on February 19, 2012; and the board of directors, on February 23, 2012, the board of directors decided to elect an open director as a successor, under the circumstances where an open director should be elected pursuant to Article 14(3) of the Private School Act and Article 24-2 of the Addenda, and Article 24-2 of the Articles of Incorporation of this case.

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 on three occasions over three occasions on July 10, 2012, but the recommendation committee failed to recommend the candidates within 30 days. (4) The president requested the recommendation committee on December 6, 2012 to recommend two persons eligible for appointment of an open director to be appointed as a successor of F and four persons among three open directors stipulated in Article 24-2 of the instant Articles of Incorporation, but the president failed to recommend the candidates within 30 days.

5 Among the above directors, D, E, C.

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