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(영문) 창원지방법원밀양지원 2019.07.12 2018가합10653
이사선임처분 취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Defendant corporation’s status as a party is the purpose of establishing a school foundation established on October 14, 1970 to provide middle and high level general education and specialized education on the industry, and the Plaintiff is the spouse of C who died on September 2, 2010 while serving as the president of the Defendant corporation from February 15, 2007.

B. Resolution 1 of the board of directors of Defendant Corporation: (a) the board of directors of Defendant Corporation appointed D as the chief director upon the death of C on September 2, 2010; and (b) thereafter, the board of directors of Defendant Corporation appointed D as the chief director. (b) After that, on June 8, 2011, the board of directors of Defendant Corporation was again elected D as the chief director, and E, F, and G as the chief director.

3) Around August 5, 2011, D issued a notice of convening a board of directors to the effect that “The appointment of a principal member shall be made on August 20, 2011; the appointment of a teacher disciplinary member; the case of appointment of a general employee disciplinary member; the case of appointment of a general employee disciplinary member; and the appointment of a general employee reexamination committee; and other discussions shall be held; and around August 16, 2011, the letter of resignation was submitted to the Defendant Corporation’s board of directors to appoint a director E as the representative of the board of directors on August 20, 201; and E, as the representative of the board of directors, was elected on August 23, 201, by the board of directors on September 5, 2011, which was held.”

5) After November 14, 2011, the board of directors of Defendant Corporation (hereinafter “Defendant Corporation”) appointed H as a director and appointed as a director on December 6, 201. On August 13, 2012, the board of directors of the board of directors of Defendant Corporation (hereinafter “the board of directors”) elected H as a successor president of E. The board of directors was appointed as a director on June 16, 2014 and August 29, 2014. (c) The Plaintiff filed a lawsuit seeking confirmation of the invalidity of the resolution of the board of directors other than the resolution of the board of directors as of June 8, 2011 among the resolution of each of the instant respective board of directors.

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