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(영문) 대전지방법원 2017.01.19 2016가합104818
이사회결의무효확인의 소
Text

1. The Defendant, on June 20, 2016, shall make each resolution on the agenda in the attached Table 1, which was adopted by the board of directors of the 127th meeting, and on July 22, 2016.

Reasons

1. Presumed facts

A. On October 11, 2013, the Plaintiff was appointed as a director at the 105th meeting of the Defendant’s 105th meeting and is currently in office until now.

B. The Defendant’s 127th board of directors was opened on June 20, 2016. The Defendant’s director, whose term of office has not expired, was five “the Plaintiff, C, D, E, and F” and G, H, I, and J had already expired, and G had the highest term of office expired among the directors whose term of office expired.

C. The Defendant’s 127th board of directors attended each of the 127th meeting in the capacity of directors, G, H, I, and J as a director with the right of emergency treatment, and 7 members were present at each of the 127th meeting and resolved on each of the items set forth in attached Table 1.

On July 22, 2016, the board of directors of the defendant 129 was held on July 2, 2016. The defendant attended each of the qualifications of directors with D, E, and F, G, H, H, and I as a director with the right of emergency treatment, and 6 persons were present at each of them. The defendant's directors whose term of office has expired already expired, resolved on L as a successor, and M as a director, including the appointment of each director of H. 2.

E. On August 22, 2016, the Defendant’s 130th board of directors opened on August 22, 2016. However, L/M selected as a director at the 129th board of directors attended each as a director’s qualifications and six members attended each in the capacity of director, and resolved on each agenda set forth in the attached Table 3.

F. The Defendant’s 131 Council meeting was held on September 2, 2016, and L and M, appointed as a director at the board of directors D, E, F and N and N and the 129 Council, respectively, attended by seven members, and resolved on each agenda set forth in attached Table 4.

(g)Arrangements in the table of directors present at the time of the foregoing 127th to 131 are as follows:

D D D D D D E F G H IJ F G HHI E H F F F F F L L L L L LM

H. Meanwhile, the defendant's articles of incorporation cannot hold the meeting unless the majority of the registered directors are present at the meeting. The defendant's articles of incorporation, "one director at this corporation (Article 18)," "the board of directors at this corporation (Article 27)," "the board of directors at this corporation

Directors of the board of directors shall be specifically provided for in the articles of incorporation.

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