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(영문) 광주지방법원순천지원 2017.10.18 2017가합10955
이사선임결의무효확인의소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is the representative director of Defendant Social Welfare Foundation B (hereinafter “Defendant Foundation”), and the Intervenor C, D, E, and F are the persons appointed as directors at the board of directors of the said Defendant Foundation.

B. According to the articles of incorporation before the amendment of the board of directors and the articles of incorporation of the defendant foundation related to the amendment of the articles of incorporation of the defendant foundation, one representative director, six directors, and two auditors (Article 15), the appointed officers shall be elected at the meeting of the board of directors without delay to the competent authority (Article 16), and each director shall be notified at least seven days before the meeting is held (Article 26); the board of directors shall pass a resolution with the attendance of the majority of the members present at the meeting and with the consent of the majority of the members present at the meeting (Article 27); and the approval of the competent authority shall be obtained through a resolution of at least 2

(Article 34). (c)

(1) On February 9, 2015, the minutes of each board of directors meeting relating to the increase in the number of directors (1) around February 9, 2015, the registered directors of the Defendant Foundation were six (6) directors, including the Plaintiff and directors G, H, I, J, K, and K, the representative director of the Defendant Foundation. (2) On February 9, 2015, the minutes of the board of directors meeting of the Defendant Foundation 186, dated February 9, 2015,

In the event of K’s attendance and the delegation of voting rights by the I and J, each of the bills of “election of new-time directors M” (Article 1), “the appointment of new-time directors according to the articles of incorporation increases from 7 to 10 persons” (Article 2) and “the appointment of new-time directors and directors and directors additional appointment according to the amendment of the above articles of incorporation” (Article 3) are adopted.

3) On March 25, 2015, the minutes of the 187th board of directors meeting of the Defendant Foundation attended by the Plaintiff, G, H, and K, and delegated voting rights by the directors I and J, each of which is decided on April 2, 2015, “the appointment of new directors M” (No. 1), “the appointment of new directors from 7 to 10 persons” (No. 2), “the appointment of new directors” (No. 3), “the resignation of the director of the P Infant Care Center and the appointment of new officers” (No. 4) and “the appointment of the secretary Q Q (No. 4).

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