logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.09.11 2019가합525974
이사장 및 이사선임결의 무효확인
Text

The instant lawsuit is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is an incorporated association established on August 9, 2012 for the purpose of developing and researching career development programs.

B. On August 1, 2016, D, a chief director (referring to a representative director) of the Defendant, concluded a contract for transfer and acquisition of management rights with the intent to transfer the Defendant’s management right to E for KRW 100 million.

Since then, E paid KRW 100 million to D, and D convened on February 24, 2017, a resolution was passed to appoint E as the president at the general meeting of the defendant held on February 24, 2017.

(D) Existing directors such as D have resigned from office. (D)

E assumed office as the president of the defendant, and operated the defendant as a de facto one company, such as registering the defendant's employees in the register of members.

On February 5, 2018, E entered into a “joint business cooperation agreement” with F to provide E with KRW 50 million and to operate the Defendant jointly.

F paid KRW 50 million to E on the same day. D.

On February 28, 2018, F was registered as the principal director of the Defendant’s corporate register as of February 27, 2018.

The minutes of the defendant's general meeting (No. 7) dated February 27, 2018 include 13 of the total members and 24 of the total members who are appointed as the president and directors with the consent of all the members present at the meeting.

E. From May 2018, F received the application form for membership and the membership fee from the total of 73 members including G from around May 2018, and became the Defendant’s member.

Since then, F called the Defendant’s extraordinary general meeting held on August 17, 2018, at the Defendant’s special meeting held on August 17, 2018, the existing directors (E, H, I, J, K) was dismissed with the consent of 50 of the 68 members present, and a resolution was passed to appoint L, M, and N as directors.

F. At the Defendant’s ordinary meeting held on February 10, 2020, F convened and held on February 10, 2020, a resolution was made to appoint C as president with the consent of all members present at the Defendant’s 67 members.

G. F, on April 10, 2020, retired from the office of the Defendant’s director, and PO on May 1, 2020.

arrow