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(영문) 서울중앙지방법원 2017.12.06 2017가합528658
이사장선임사원총회결의무효확인의 소
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. 1) The Defendant is a non-profit public-service corporation established with permission from the Minister of Environment on December 30, 2014 for the purpose of research and technology development for promoting the environment-friendly recycling of waste electrical and electronic equipment and for improving recycling technology. 2) The Plaintiff is a person appointed as the Defendant’s president on January 16, 2015.

B. (1) On December 14, 2016, the Defendant held a board of directors and a general meeting of members, and resolved and approved the reappointment agenda of the directors whose term expires on January 15, 2017, and the said board of directors rejected the Plaintiff’s reappointment agenda. (2) On December 2, 2016, the Defendant drafted a “Plan for Appointment and Appointment of the President of the Mutual Aid Association” and formulated a “Plan for Appointment of the President and Appointment of the Vice Chairperson” as to the procedures for appointment of the latter president in a temporary society, the Defendant planned to appoint the president in a temporary society, after the temporary board of directors and a general meeting of members as a full-time executive officer.

3) On December 28, 2016, the Minister of Environment: (a) requested the Defendant to cooperate with the Defendant for the appointment of the latter president prior to the expiration of the Plaintiff’s term of office; (b) the Plaintiff did not convene a temporary and temporary general meeting for the appointment of the latter president. (c) On January 11, 2017, the Defendant’s non-party D and six, among the directors, requested the Plaintiff to convene a board of directors or an extraordinary general meeting for the purpose of appointing the latter president, etc.; and (d) on January 13, 2017, the Minister of Environment requested the Plaintiff to cooperate in the appointment of the latter president.

However, on January 2017, the Plaintiff continued to perform the duties of the president after notifying the person in charge of the Ministry of Environment of the fact that the act of the directors requesting the convocation of the board of directors constitutes grounds for dismissal of officers, and that the director D constitutes grounds for expulsion of the members of the company that serves as the representative director.

5 The Plaintiff on February 1, 2017.

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