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1. On March 8, 2016, the board of directors confirms that a resolution that the Defendant appointed C as the president is invalid.
2...
Reasons
1. Facts of recognition;
A. On March 8, 2016, the Defendant passed a resolution at the board of directors (hereinafter “Board of Directors of this case”) to elect C as the chief director.
(hereinafter “instant resolution”). B.
However, the defendant did not give a notice of convening a deadline to directors including the plaintiff seven days before the board of directors of this case, in writing stating the purpose, agenda items, date, place, etc. of the meeting.
C. The Plaintiff filed an application for provisional disposition of suspending the performance of duties against C selected as the president by asserting that the instant resolution was invalid due to the defect in the convening procedure of the board of directors, and the said provisional disposition application was cited on June 28, 2017.
(C) 2017Kahap1035. d.
The defendant's articles of incorporation set forth the following procedures for convening the board of directors:
Article 21 (Convocation of and Procedures for Meetings of the Board of Directors) (2) When at least 1/3 of the registered directors request the convocation of the board of directors and the auditor requests the convocation of the board of directors to report the results of the audit, the chairperson shall convene the board of directors within 20 days from
(3) In convening the board of directors, a notice for convening the board of directors shall be given to each director and auditor in writing, specifying the purpose, agenda items to be referred, date, time, place, etc. seven days prior to the meeting.
(4) The board of directors may resolve on matters notified under paragraph (2).
However, all the members present at the board of directors and all the members present at the board of directors stated in the articles of incorporation as "witness," but they seem to be the clerical error of "contest.
except as provided in this section.
【Reasons for Recognition】 The descriptions of Evidence Nos. 1 and 3, and the purport of the whole pleadings
2. According to the above facts of recognition as to the cause of the claim, the defendant did not notify the directors including the plaintiff at least seven days before the board of directors of this case of a written notice stating the purpose, agenda items, date, time, place, etc. of the meeting. Thus, the resolution of this case is stipulated in the articles of incorporation.