logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2020.12.17 2019가합15157
이사회결의 무효 확인
Text

1. The Defendant:

A. The board of directors of May 29, 2019 dismissed the Plaintiff A from the chief director, directors, and Plaintiff B, respectively.

Reasons

1. Basic facts

A. The defendant is a non-profit medical corporation established on July 8, 1989 for the purpose of establishing and operating medical institutions.

The Plaintiffs, who were appointed as the Defendant’s director on August 16, 1999, completed the registration of their inauguration on September 1, 1999, and the Plaintiff A, who was appointed as the Defendant’s president on March 10, 2003, completed the registration as to the power of representation on the 20th of the same month.

B. On March 20, 2019, Y, the Defendant’s director, was drafted in the name of four directors of the Defendant, such as Y, Z, E, and AA, and submitted a written request to convene a meeting of the Defendant board of directors for the “unfair removal from position of the Y vice-director (standing director)” with the seal of each of the above directors affixed and the “special audit on the Defendant’s accounts,” and the Plaintiff A did not comply with the above request to convene the board of directors.

C. Around May 20, 2019, directors Y issued a temporary convocation notice to six directors (other than the Plaintiff, AA, Z,O, and E) on the following agenda: (a) the case of cancellation of unfair positions of the Y Vice-Chairperson (Standing Director); (b) the case of embezzlement of the Plaintiffs raised by the Defendant Trade Union; and (c) the case of accusation filed by the Plaintiffs with the judicial authority.

Accordingly, on May 29, 2019, the defendant held a temporary directors' meeting at 9:30 o'clock, among the seven registered directors (Y, Z, AA, and E), the minutes of the board of directors' meeting were prepared with the consent of all the members present at the meeting, including the chairperson and dismissal of the plaintiff A, the case of withdrawal of complaint against the plaintiff B, the case of accusation against the plaintiffs Y, AB, and the case of the request for accusation and inspection against the plaintiffs (hereinafter "the resolution of dismissal in this case"), and the defendant's chief executive officer decided to act on behalf of the Y.

E. In accordance with the notice of convening the board of directors on June 21, 2019 on behalf of the chief director, the Defendant holds a board of directors on June 21, 2019 and makes a resolution to appoint E as the chief director, AC and I as each director; hereinafter “Resolution on June 21, 2019”.

B. On June 21, 2019, the board of directors on July 29, 2019, according to E’s notice of convocation appointed as the chief director in the resolution of June 21, 2019.

arrow