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(영문) 서울중앙지방법원 2016.06.24 2015가합563596
예금
Text

1. All of the instant lawsuits and the Defendant’s Intervenor’s motion to intervene in the Intervenor’s Intervenor are dismissed.

2. Of the costs of lawsuit.

Reasons

1. Basic facts

A. 1) The Plaintiff is an incorporated foundation established by D clans with property contributed for the purpose of the unity and friendship of clans, and the Plaintiff’s articles of incorporation are as follows. Article 5 (Officers’s Officers are the following officers:

1. One chief director;

2. One vice-chairperson;

3. Nine directors (including one chairperson and one vice-chairperson);

4. Two auditors.

1. The chairperson and the vice chairperson shall be elected from among directors of the board of directors;

2. The directors and auditors shall be elected by the Council of Members of the Council;

Article 7 (Term of Office) Directors shall be four years.

Article 9 (Chief Director) The chief director shall exercise overall control over the affairs of the Corporation on behalf of the said Corporation.

Article 10 (Performance of Duties by Proxy) When the chief director has an accident, the vice chief director shall act on his behalf.

Article 17 (Supplementary Matters) Matters referred to the Board of Directors shall be as follows:

4. Matters concerning the management of property and the disposition thereof shall have a flat to the principal corporation under Article 19.

Article 20 (Function of Round) The annual conference shall resolve matters concerning the election and dismissal of executive officers.

2) Around April 2012, the director of the Plaintiff corporation was working for E, C (the 24th office of February 201), F (the 29th office of February 24, 201), G, H, I, J, K, and L. Among them, E was in charge of the chief director and C, the vice chief director. (B) On May 2, 2012, the remaining seven directors, other than C and C, among the said nine directors, were expected to expire on May 1, 2012. Accordingly, the Plaintiff corporation held a annual meeting on May 1, 2012 to appoint each director on appointment of B, M, N, J,O, P6, and the resolution was adopted on May 22, 2012 at the meeting of the board of directors. The resolution was adopted on May 22, 2012 to appoint a director on the same date.

2) Five directors (B) shall be the president of the board of directors (the president of the board of directors) against seven newly appointed directors as directors of the Plaintiff corporation, as described in paragraph (1) by asserting that the annual meeting and the resolution of the board of directors are null and void.

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