(영문) 수원지방법원 여주지원 2021.02.17 2018가합6982

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(영문) 수원지방법원 여주지원 2021.02.17 2018가합6982

이사회결의무효확인

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1. The instant lawsuit shall be dismissed.

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

Reasons

Facts of recognition

The defendant is a company engaged in the manufacturing and selling business of Seodaemun-gu products. The plaintiff was employed as a director from March 31, 2005 to the defendant's office from March 31, 2020 and retired on March 31, 2020, and is the defendant's shareholder.

On April 17, 2018, the defendant held a board of directors and passed a resolution to appoint C as the representative director of the defendant.

On December 12, 2018, on April 17, 2018, the Defendant held a board of directors and made a resolution of ratification of the resolution of appointment of the representative director (hereinafter “resolution of the board of directors of this case”).

[Ground of recognition] In the absence of dispute, Gap's evidence Nos. 1, 2, 14, and 18, and the defendant's lawsuit seeking confirmation of invalidity of the resolution of the board of directors of this case on the ground of the whole purport of the pleading before the merits of the lawsuit, the lawsuit of this case has no legal interest in the lawsuit.

Judgment

In a lawsuit for confirmation, there must be a benefit of confirmation as a requirement for the protection of rights. The benefit of confirmation must be immediately removed because there is apprehension or risk in the Plaintiff’s rights or legal status, and it is recognized only when it is the most effective and appropriate means to eliminate such apprehension or risk (Supreme Court Decision 2006Da19054 Decided May 17, 2007). In addition to the whole purport of pleading No. 1 to No. 3, 2007, the defendant was appointed as a director at a regular general meeting of shareholders held on March 30, 200, and the defendant was recognized to have been appointed as a representative director on March 30, 202 by the board of directors held on March 30, 202, seeking confirmation of the invalidity of the resolution of the board of directors of this case does not have a benefit of protection of rights as a lawsuit for confirmation as seeking confirmation of past legal relations or legal relationship.

Therefore, the lawsuit of this case is an incidental law.

In conclusion, the lawsuit of this case is unlawful, so it is decided to dismiss it as per Disposition.

참조판례

-대법원 2007. 5. 17. 선고 2006다19054 전원합의체 판결

유사 판례

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-서울북부지법 2008. 6. 5. 선고 2007가합8871 판결

-울산지방법원 2017.6.14.선고 2016가합23089 판결

-서울남부지방법원 2020.10.15 2020가합101