Text
1. Of the instant lawsuit, the director with the Plaintiff’s power of representation, who retired from office on April 29, 2012, was dated June 21, 2013.
Reasons
1. The following facts may be acknowledged in light of the following facts: Gap evidence Nos. 1, 2, 3, 4, 7, 19, 19, 2-1, 2, 9, 10, 10, and 10, and the whole purport of the arguments and arguments by Gap evidence Nos. 1, 2, 3, 3, 4, 7, 19, 19, 2-1, 2-2, and 10.
The defendant was an incorporated association established on March 12, 2007 for the purpose of supporting K's art and artistic activities, etc., and has leased and used the closed school building (M elementary school) located in Chungcheongnam-gun L in Chungcheongnam-gun.
B. On April 29, 2009, the Plaintiff, a director with the Defendant’s representative authority, N,O, P, Q, R, S, T, U,V, and W, was appointed as the Defendant’s director. X andY were appointed as the Defendant’s director on August 20, 2009.
C. When the Plaintiff was faced with financial difficulties while operating the Defendant, the Plaintiff agreed with C on April 22, 2013 that “A shall delegate all the Defendant’s operating authority to C, and shall endeavor to develop K Education.”
On June 14, 2013, the Defendant convened an extraordinary general meeting. In the above extraordinary general meeting, there was a resolution to appoint C as a director with the power of representation, D, E, and Plaintiff on the ground that “11 of the Plaintiff and directors N, etc., who are the directors representing the power of representation, has expired on April 29, 2012, and the director X, Y has expired on August 20, 2012.” As such, the registration of retirement of the directors whose term of office has expired and the registration of appointment of the newly appointed directors was completed on June 21, 2013.
E. On August 8, 2013, the Defendant again convened an extraordinary general meeting. A resolution was made to appoint C as a director with the power of representation, D, and E as a director on the ground that “C, D, and E has retired from office as the Defendant’s director on August 8, 2013,” and to appoint another director as a director and appoint another director in addition to F, G, H, I, and J.
In addition, at the special general meeting of August 8, 2013, the plaintiff did not run a business for profit of the corporation due to the operation of the exclusive strike while the plaintiff is a director with the defendant's power of representation.