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(영문) 서울고등법원 2019.06.21 2018나2055228
회사에 관한 소송
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

On October 26, 2004, the status of the defendant was established with the permission of the competent authority on matters concerning the establishment, management, and operation of a charnel tower, a charnel house, and a charnel house.

The defendant's registration award stated that the plaintiff was appointed as the defendant's director on April 10, 2013.

At the time of May 2015, the Defendant’s resolution of the board of directors made by the Defendant on June 15, 2015 on the registration of the Defendant’s board of directors was written on six (6) directors, including K (the appointment on April 10, 2013), L (the appointment on April 10, 2013), Plaintiff, D (the appointment on April 10, 2014), E (the appointment on April 10, 2014), and F (the appointment on April 10, 2014).

On the other hand, C retired from office on November 2, 2007, but the registration of retirement was not completed even before May 2, 2015, and accordingly C still entered C as the representative director with the registration injury.

On June 16, 2015, the registration of retirement was completed.

C around June 3, 2015, on June 15, 2015, the date of the meeting was fixed as “the resignation, appointment, and dismissal of the Plaintiff,” etc. and convened a meeting of the board of directors. The Plaintiff did not give a notice of convening a meeting.

On June 15, 2015, upon the convening of C, the defendant's board of directors was held.

The board of directors of the board of directors: (1) K and L directors resign; (2) the Plaintiff is dismissed from the board of directors; (3) the appointment of directors as C, H, I, and J; and (4) the resolution to appoint C as the chief director was adopted.

(hereinafter “instant First Resolution”). On September 17, 2015, the Plaintiff filed a lawsuit seeking confirmation of invalidity of the First Resolution against the Defendant on August 13, 2015, as the Hobu District Court Goyang Branch 2015Gahap74183, the Plaintiff filed a lawsuit seeking confirmation of invalidity of the First Resolution against the Defendant.

Accordingly, C again convened a meeting of the board of directors on September 8, 2015, setting the date of the meeting as “the dismissal and others of the Plaintiff” and “the date of the meeting” as “ September 17, 2015.”

On September 17, 2015, the board of directors held on September 17, 2015 adopted a resolution to dismiss the Plaintiff from the board of directors, while attending the meeting of C, K, L, D, E, H, and F.

(hereinafter “Resolution 2”). Of the Defendant’s articles of incorporation, the parts relating to this case are as follows.

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