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(영문) 청주지방법원 2019.01.24 2018가합470
이사회결의무효확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The defendant is a limited partnership company running a chartered bus transportation business, and the general partner and the representative member shall be C, and the limited partner shall be A and D.

B. The Defendant’s minutes of the board of directors meeting on May 24, 2013 (hereinafter “Board of Directors”) states that each of the above items was resolved upon with the consent of the representative members C, members with limited liability, A, and D with respect to the “case of overall transfer of vehicles due to limited partnership companies B management” and “case of transfer of license for limited partnership B transportation business.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. Ex officio determination as to the legitimacy of the instant lawsuit

A. In a lawsuit for confirmation of relevant legal principles, there must be a benefit of confirmation as a requirement for protection of rights, and the benefit of confirmation is recognized only when it is the most effective means to eliminate the Plaintiff’s rights or legal status and the risk, and thus, the defendant of the lawsuit for confirmation is a person likely to cause anxiety and danger in the Plaintiff’s legal status by dispute over the Plaintiff’s rights or legal relations, and there is a benefit of confirmation against such defendant.

Therefore, there is no dispute between the parties on the legal relationship and there is no legal uncertainty in principle, and there is no benefit of confirmation.

(See Supreme Court Decision 2008Da74130 Decided January 15, 2009). B.

Judgment

The plaintiff asserts that the resolution of the board of directors of this case was null and void, since the board of directors of this case was prepared with the minutes of this case without undergoing the convocation procedure and without holding the convocation procedure.

In this case, the defendant did not dispute the plaintiff's above assertion, and the resolution of the board of directors of this case is deemed null and void.

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