logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.11.18 2015나2030266
총회 및 이사회결의 무효확인
Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. The total cost of the lawsuit is assessed against the Plaintiff (Appointed Party).

Reasons

1. Grounds for the court's explanation concerning this part of the facts are stated by the court of the first instance.

1. The basic facts are as stated in the main sentence of Article 420 of the Civil Procedure Act, since they are the same as the part of the basic facts (from the end of the 5th to the end of the 5th page).

2. Determination on the defense prior to the merits

A. The Defendant’s defense foundation appointed a new director at the ordinary meeting of February 23, 2016, and appointed a new president and a new vice-president in the resolution of the board of directors on March 8, 2016. As such, the instant resolution of the general meeting and the resolution of the board of directors of this case were to seek confirmation of past legal relations or legal relationship, and thus, is unlawful as there is no benefit in confirmation.

B. In a lawsuit seeking confirmation of invalidity or non-existence of a resolution to appoint an executive officer of a certain legal entity, the lawsuit seeking confirmation of invalidity or non-existence of a resolution to appoint an executive officer of a certain legal entity would result in failure to meet the requirements for protection of rights, unless there are special circumstances, such as where a resolution to appoint a new executive officer is deemed non-existence or non-existence due to procedural or procedural defect, or where non-existence or non-existence of a resolution to appoint a new executive officer is deemed non-existence or non-existence due to procedural defect, etc.

(See Supreme Court Decisions 96Da24309 Decided October 11, 1996; 2002Da25310 Decided November 13, 2002; 2013Da37753 Decided September 4, 2014, etc.). (C)

Judgment

1) In light of the foregoing legal principles, comprehensively taking into account the health class, Eul evidence Nos. 15 and 16, and the purport of the entire pleadings as to the instant case, AT from among seven new directors (AS, AT, G, AU, AV, E, and AW) elected at the resolution of the instant general assembly on October 13, 2015, and the remainder expires on February 27, 2016 (3 years), and the defendant corporation shall have 76 registered representatives at the general meeting of shareholders at the general meeting of shareholders at February 23, 2016 (as seen in the front and rear).

arrow