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(영문) 의정부지방법원 고양지원 2018.08.10 2016가합70782
회사에 관한 소송
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Basic facts

A. On April 10, 2013, the Defendant is an incorporated foundation that runs the business of establishing and operating charnel houses, and the Plaintiff was appointed as the Defendant’s director. Article 15(1) of the Defendant’s Articles of incorporation provides that the term of office of directors shall be three years

(A) evidence of heading 1, 2.b.

On June 15, 2015, the Defendant held a board of directors and passed a resolution to dismiss the Plaintiff from office (hereinafter “resolution 1”).

(A) Evidence No. 5, B No. 1-3).

On August 13, 2015, the Plaintiff filed a lawsuit against the Defendant seeking confirmation of the invalidity of the first resolution against the Defendant under this Court 2015Gahap74183, and the Defendant held a board of directors on September 17, 2015 and made a resolution to dismiss the Plaintiff (hereinafter “resolution 2”).

(A) Evidence Nos. 3, 4, 1-2, d.

On January 28, 2016, the Plaintiff withdrawn the lawsuit seeking nullification of the above invalidation and the lawsuit was terminated.

(B) Evidence Nos. 2-2. / [Grounds for recognition] 1-5, 1-2, and 2 of Evidence Nos. 1-5, 1-2, and the purport of the whole pleadings

2. The defendant's articles of incorporation, which caused the plaintiff's claim, did not have any act corresponding to the grounds for the disciplinary action, and thus, did not dismiss the plaintiff, the defendant made a first and second resolution to dismiss the plaintiff from the director. The first and second resolutions were made by C, who is not a legitimate convening authority, convened the board of directors and did not notify the defendant's auditor, and there was a defect in failing to notify the plaintiff to convene the board of directors.

Therefore, since the resolution Nos. 1 and 2 is null and void, the plaintiff seeks confirmation from the defendant.

3. Judgment on the defendant's main defense of safety

A. In the event that all or part of the directors in a juristic person under the Civil Act are not appointed by a succeeding director even though the term of office has expired, the former director may perform his previous duties until the new director is appointed, unless there are special circumstances to deem it inappropriate to require the former director whose term of office expires to perform the duties of the juristic person.

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