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(영문) 대전지방법원천안지원 2019.01.18 2018가합102853
이사지위등 부존재확인의소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant is a medical corporation established on October 26, 201 for the purpose of establishing and operating medical institutions.

B. The plaintiffs and K were appointed as the defendant's promoters for the establishment of the defendant and the defendant's director on the establishment date.

The defendant held the board of directors on July 31, 2013.

At the time, the defendant's directors were the plaintiffs, L, K, and M five directors, and four directors, excluding K, were present, and M submitted a letter of resignation, and a resolution was passed to appoint directors as directors with the consent of all members present, I, N,O, P, and I among them as directors with the power of representation.

C. Around May 2016, the Plaintiffs filed a lawsuit against the Defendant for the confirmation of the existence of a director’s abandonment (the Daejeon District Court Branch Decision 2016Gahap10914).

On August 14, 2013, February 26, 2014, June 15, 2015, and September 22, 2015, the above court rendered a judgment to determine that N orO was still in a position of director at each of the above board of directors, and that E, F, G, H, Q, and Q are not in a position of director at each of the above board of directors. On the other hand, the above judgment became final and conclusive as they were dismissed on April 26, 2018 (Supreme Court Decision 2018Da209423).

(hereinafter referred to as “prior action”) d.

I notified the convening of the board of directors on May 18, 2018 to the directors N,O, P, K, and the plaintiffs on May 18, 2018 on the case of the appointment of directors under the preceding lawsuit. On May 9, 2018, the defendant held the board of directors 30 p.m. on May 18, 2018.

Among the seven directors, the board of directors participated in I,O, P, and K four directors, with the consent of three directors, and with the opposition of one director, a resolution was passed to appoint a new director D, E, F, G, or H.

(hereinafter referred to as "resolution of the first board of directors"). (e)

Directors D, E, F, G, and H, newly appointed in accordance with a resolution of the first board of directors, shall hold the board of directors at around 14:00 on May 18, 2018, and shall serve as auditors, I as directors, I as directors, and H, respectively.

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