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The judgment below
Among them, the part concerning the invalidation of the resolution of the board of directors made on September 23, 201 by the defendant is reversed, and this part of the case is reversed.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. Plaintiff’s ground of appeal
A. As to the grounds of appeal Nos. 1 and 3 (1) of the instant case, the lower court determined that the instant resolution No. 5 cannot be deemed null and void on the grounds that it is difficult to deem that the Plaintiff’s right to discussion and voting rights were obstructed due to the lack of interference with the Plaintiff’s reasonable exercise of voting rights, on the grounds that the notice for convening the board of directors was deemed to have been delayed for 1 and 2 days compared to the period stipulated in Article 17(3) of the Private School Act, but the provisions of the Private School Act on the procedures for convening the board of directors are intended to allow the school foundation’s directors to be informed of the purpose of the meeting in advance so that it would make it possible to decide whether to attend the board of directors or make preparations necessary for the proper exercise of voting rights, by allowing the school foundation’s directors to be informed of the purpose of the meeting in advance.
(2) However, it is difficult to accept the above determination by the lower court.
Article 17(3) of the Private School Act provides that the board of directors of a school juristic person shall notify each director of the purpose of the meeting at least seven days prior to the meeting of the board of directors of the fact that the board of directors is essential to the school juristic person and a minority of the sole deliberation and resolution is made by participating in the meetings of the board of directors, and that the purpose of the meeting is specified at least seven days prior to the meeting: Provided, That the foregoing shall not apply where all the directors are gathered and all the members request the meeting of the board of directors. In order to hold the board of directors, the school juristic person shall notify each director thereof
In addition, the board of directors of the school foundation.