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(영문) 대구지방법원경주지원 2014.01.10 2013가합973
이사회결의무효
Text

1. Of the instant lawsuit, the part of the instant lawsuit by the Defendant is described in Articles 1 and 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1

Reasons

1. Facts of recognition;

A. The defendant is a social welfare foundation established on December 28, 2001 for the purpose of contributing to the promotion of its welfare by carrying out projects for the rehabilitation and protection of disabled persons. The plaintiff A is the representative director of the defendant and the director of the D, the facilities under the defendant, and the plaintiff B is the director of the D Secretariat.

B. On June 19, 2013, Defendant E’s 1/3 or more of the registered directors (F, G, and H) on the part of Defendant directors

On June 26, 2013, the temporary directors' meeting in 2013 shall be held on June 17, 2013 at the I Center Counseling Office, for the dismissal of Defendant representative director and D president A, and for the dismissal of D Secretary B.

“The convening notice was given, and the defendant F, G, and H did not request the plaintiff A, the defendant representative director, in writing, to convene an extraordinary board of directors, and did not obtain the plaintiff A’s consent.

C. On June 26, 2013, the Defendant held a temporary directors meeting and made each resolution listed in the attached Table 1 at the lecture room of the I Center (Plaintiff A and E, G, F,J, H, and K) among five (E, G, F, H, H, and K) registered in the Defendant, at the lecture of the I Center (Plaintiff A and E, G, F, H, H, and H).

However, on August 20, 2013, the Plaintiff asserted the invalidity of the Provisional Board of Directors on June 26, 2013 due to procedural defects, and on August 20, 2013, the Defendant director H, J, F, G, and E requested the Plaintiff to convene the Provisional Board of Directors on August 31, 2013 to request the Plaintiff to convene the said Provisional Board of Directors on August 31, 2013 to deliberate and resolve the matters on the appointment of a standing director, such as dismissal and appointment of the representative director, dismissal, dismissal of directors, dismissal and appointment of the D president, and appointment of a standing director. However, the Plaintiff failed to comply with the said request.

E. Accordingly, in accordance with Article 8(4) of the Act on the Establishment and Operation of Public Interest Corporations on September 11, 2013, Defendant Directors F, G, H, J, K, K, and E requested the competent authority to approve the convening of the temporary board of directors as follows. The racing market approved the convening of the said temporary board of directors on September 24, 2013.

1. The date and time, time, and place of the meeting of the board of directors: At the 17:0 place on the seventh day after the request for convocation from the date of approval: the I Center in the racing city;

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