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(영문) 서울서부지방법원 2015.10.08 2015가합31957
이사회결의무효확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Basic Facts

The defendant is an incorporated foundation established with the aim of contributing to the achievement of historical tasks of the modernization of the fatherland by enhancing the length of K's historical mission and ideology and contributing to the development of culture and industry of the nation.

The plaintiff is a person who served as the secretary general of the defendant.

On January 9, 2015, the defendant held a board of directors and appointed C as the chairperson of the defendant, appointed D as the vice-chairperson, and dismissed F from the audit (hereinafter referred to as "the first resolution").

In addition, on January 9, 2015, the Defendant held a board of directors on the 20th of the same month and sought confirmation of invalidity of the resolution to appoint E as an auditor at the board of directors on January 9, 2015, but, on the other hand, E was appointed as an auditor at the board of directors on January 20, 2015 (hereinafter “the second resolution”).

[Ground] Facts without dispute, Gap evidence Nos. 1, 2, 3, and Eul evidence Nos. 1 (including the number number; hereinafter the same shall apply) and the whole purport of the pleadings, and the defendant's defense as to the defense of the judgment on the defense of the main purpose of the defense is invalid due to the defect in the convening procedure and the resolution procedure. Since C elected as president by the first resolution for invalidation does not have the authority to convene a board of directors, it is argued that the second resolution made by the board of directors convened by C is invalid, and that C is also sought confirmation of the invalidity of the first and second resolution.

As to this, the defendant did not have the right to participate in the resolution of the board of directors on December 26, 2014 only as the plaintiff was the Secretary General of the defendant, and he retired from office by the Secretary General around December 26, 2014, and there is no interest to seek confirmation of invalidity of the first

Judgment

A lawsuit for confirmation may be filed by a person who has an interest in the interest or punishment rate of confirmation with respect to the claim unless otherwise expressly provided for, and the interest in confirmation in the lawsuit for confirmation is in danger and in danger of being in a right or legal position.

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