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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The reasoning of the judgment of the court of first instance cited by the main sentence of Article 420 of the Civil Procedure Act is as follows, except for the following: (a) the reasoning of the judgment of the court of first instance cited by the main sentence of Article 420 of the Civil Procedure Act.
2. Parts in height:
(a) Whether the Secretary-General has a legal interest in dispute over the validity of the board of directors’ appointment, including the president, shall be appointed by the president, subject to a resolution of the board of directors, and the president shall be elected by the board of directors among the directors, and the auditor shall be entitled to attend and speak at the board of directors, which may affect the appointment and dismissal of the Secretary-General
The Secretary-General is not in a position to be involved in a resolution of the board of directors, but the result of the election of officers, such as the directors holding the authority to appoint and dismiss the Secretary-General, may affect the maintenance of the status as the Secretary-General. Therefore, the Secretary-General may be deemed to have a direct legal interest in the resolution of the board of directors
Therefore, the Secretary General has legal interest in seeking confirmation of invalidity of the board of directors resolution in order to deny the status of the president, directors, and auditors elected by the board of directors resolution on the appointment and dismissal of the president, directors, and auditors.
B. 1 Whether the Plaintiff is in the position of the Secretary-General and whether the Plaintiff’s resignation has an effect on the Plaintiff’s resignation) are recognized. ① The Plaintiff submitted a written resignation to the Defendant on December 26, 2014, but L, the president of the Defendant at that time, was returned.
② The Plaintiff did not work from December 29, 2014 (monthly), and the said resignation was placed on L’s book.
③ On December 31, 2014, the Defendant accepted the Plaintiff’s resignation, and on January 2, 2015, the Defendant notified the Plaintiff of the fact that “the resignation is accepted on December 31, 2015,” as a mobile phone text message, and the Plaintiff’s mobile phone on the same day.”