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(영문) 서울서부지방법원 2019.10.30 2018가합37048
이사회결의등 무효 확인의 소
Text

1. A, B, C, D, E, F, G, H, J, and L among the instant lawsuits, the third board of directors resolution against the Defendant on March 29, 2018, and the third board of directors resolution against the Defendant.

Reasons

1. Basic facts

A. 1) The Defendant is an incorporated association established for the purpose of promoting infant care services pursuant to Article 53 of the Infant Care Act and Article 53(2) of the Infant Care Act and Article 41(2) of the Enforcement Rule of the Infant Care Act to efficiently carry out the affairs under its jurisdiction (hereinafter “N subcommittee”).

) The O sub-committee (hereinafter “O sub-committee”)

(2) The Plaintiffs, excluding Plaintiff L, were the representatives of the Defendant, and Plaintiff L was the members of the N Subcommittee.

B. On February 16, 2017, the Defendant: (a) held a board of directors to designate the N Subcommittee as an accident department; and (b) passed a resolution to dissolve and re-establish the N Subcommittee (hereinafter “resolution of the board of directors on February 16, 2017”).

) Accordingly, on March 30, 2017, a new N Subcommittee was established by holding an inaugural general meeting and representing Plaintiff J as its representative (the president) (hereinafter the existing N Subcommittee is referred to as “former N Subcommittee” and the newly established N Sub-Committee is referred to as “New N Subcommittee.”

(2) On August 24, 2017, the Defendant: (a) held a board of directors on August 24, 2017, and resolved to take disciplinary action against the group of accidents and designated subcommittees (hereinafter “resolution of the board of directors’ designation”); (b) held a board of directors on November 24, 2017 and passed a resolution of dissolution and re-establishment of a new board of directors on the O subcommittee (hereinafter “resolution of dissolution and re-establishment of a new board of directors”).

The existing O sub-committee is referred to as the "Gu O sub-committee" and the "O sub-committee of the newly established private sub-committee."

C. On June 12, 2017, Q was elected from the Defendant’s 2017 ordinary meeting as the Defendant’s 12th regular president, and R and Plaintiff K were elected as the auditor.

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