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(영문) 서울중앙지방법원 2018.02.20 2017가합559737
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. A school juristic person S (hereinafter “S”) establishes and operates T University, etc.

B. Defendant Republic of Korea appointed Defendant H to U on July 4, 2017.

C. On April 28, 1990, S held a board of directors on April 28, 1990, held the board of directors and reappointed V as the chief director and directors, WW, X,Y, and Z as directors. If S decided to appoint AA as directors, it applied for the approval of the appointment of directors. U approved it on June 9, 1990.

In around 192, after the abolition of AB department, there was an academic subcommittee in T University over the handling problems of students belonging to the above department and the revocation of appointment of full-time instructors. On April 193, 1993, when V was detained on suspicion of illegal admission-related money and valuables, all of S directors appointed AC, AD, AE, AE, AF, AG, AH, and F as a successor director after resignation on April 21, 1993. On May 4, 1993, S applied for the approval of the appointment of directors to U.S.

E. U on June 4, 1993, although S did not lawfully hold a board of directors, on April 28, 1990, prepared a false meeting minutes of the board of directors and applied for approval for the appointment of directors. On the ground that S did not perform U’s corrective order, and it was extremely difficult for S to achieve the purpose of the establishment of the school juristic person, upon revocation of the disposition of approval for the appointment of a director on June 9, 1990, for the normalization of the school juristic person.

F. Since then, S has been operated as a temporary director system. The nine temporary directors, including AI, held a board of directors on December 18, 2003 and appointed AJ, AK, AL, AM, N, AO, AP, Q, and AR as a regular director. U approved that it is a director for them on December 24, 2003.

G. Accordingly, the previous directors, including V, filed a lawsuit seeking confirmation of invalidity of a resolution that appointed a regular director at the board of directors on December 18, 2003. On February 14, 2006, the Seoul High Court, which was the appellate court, declared on February 14, 2006 (2004Na30776) that the said resolution is null and void (the appeal by S on May 17, 2007).

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