logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원동부지원 2019.11.28 2019가합102528
이사회결의 부존재(무효)확인의 소
Text

1. Each of the plaintiffs' primary claims is dismissed.

2. The attached list prepared by the Defendant on December 14, 2018 by the board of directors.

Reasons

1. Basic facts

A. The defendant is an incorporated foundation that is engaged in the business of protecting, promoting, educating, and distributing the French law, and has the representative director A, and the director is D, E, and F, in addition to the plaintiff A, while the director is a director.

B. Around November 21, 2018, D, E, and F (hereinafter “D, etc.”) demanded the Plaintiff to convene a board of directors meeting on November 30, 2018, 2018, namely, “the agenda: a meeting in accordance with the rehabilitation plan; a meeting in accordance with the proposal for rehabilitation; and a proposal in subparagraph 2: a director’s appointment.” However, Plaintiff A notified Plaintiff A, etc. of the refusal to convene a board of directors’ meeting on December 10, 2018.

C. Meanwhile, around December 6, 2018, before receiving the notice of rejection of the convocation of the board of directors, D et al. sent to the Plaintiffs a notice of convocation of the board of directors stating that “A meeting shall be held at the Defendant’s office on December 14, 2018 with each agenda indicated in the separate list as the subject matter of the meeting” by content-proof mail, but D et al. did not deliver the above notice to the Plaintiffs.

On December 14, 2018, the Defendant prepared the meeting minutes of the board of directors by deeming that the board of directors (hereinafter “the board of directors of this case”) was held in the presence of D, etc., and prepared the meeting minutes of the board of directors of this case. Of the bills listed in the attached list, the minutes of the board of directors of this case include the following: “The meeting of the countermeasures following the abolition of the rehabilitation procedure prior to authorization, shall be referred to the board of directors as the measure is delegated to D with the establishment of the measure and shall be referred to the board of directors; “The dismissal of the directors and the appointment of new directors under Articles 6 and 7 of the Articles of Incorporation of the proposed bill listed in subparagraph 2, the Plaintiff A shall be dismissed from the Defendant’s representative director; the Plaintiff B shall be dismissed from the Defendant’s representative director; the Defendant’s representative director; and the Defendant’s each resolution appointing H as the Defendant’s director (hereinafter collectively referred to as the “instant resolution”).

§ 7. Officers.

arrow