(영문) 청주지방법원 2019.01.17 2018가합2568

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(영문) 청주지방법원 2019.01.17 2018가합2568

이사회결의무효 확인

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 medical corporation that establishes and operates K Hospital, which is a medical institution, and the plaintiff is the former president of the defendant.

B. The Defendant’s minutes of the temporary board of directors on May 10, 2017 (hereinafter “the first board of directors”), and the minutes of the minutes, “the first board of directors” are written; ① a resolution of the Defendant’s officers to resign respectively by the chief director and directors, directors L, M, N, andO from among the Defendant’s officers; ② a resolution of the appointment of C as the chief director and directors, D, E, F, and G, respectively.

At the time, the seal of president and directors, directors L, M, N,O, and P is affixed to the minutes of the first meeting.

C. The Defendant’s minutes of the temporary board of directors on June 30, 2017 (hereinafter “Second board of directors”) include ① a resolution of the chief director C, directors E, F, and G appointed in the first society, ② a resolution of the appointment of D as chief director, H, I, and J as directors, respectively.

The second minutes are signed and sealed by the president and directors C, directors D, E, F, G, and P.

The contents of the relevant provisions in the Defendant’s articles of incorporation are as follows.

Article 11 (Types and Fixed Number of Officers) The kinds and fixed number of officers to be placed in this corporation shall be as follows:

1. One chief director;

2. Not less than five but not more than fifteen directors (including the chief director);

3. Not more than two auditors (Appointment and dismissal of officers) (1) The officers shall be appointed by the board of directors one month before the expiration of the term of office, and shall report the results to the Chungcheong Do Governor.

(4) Where a vacancy occurs among executive officers of a corporation, the board of directors shall appoint a successor and report the result to the Governor of Chungcheongbuk-do within two months from the date the vacancy occurs.

Article 13 (Term of Office of Officers) The term of office of the directors of this corporation shall be three years, and that of the auditor, two years.

However, the term of the officer on board shall be the remaining term of his predecessor.

Article 15 (Chairperson and.)

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