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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. The defendant corporation is a school foundation established on October 14, 1970 with the purpose of its establishment to conduct middle and high level general education, high level general education, and specialized education on industry.
B. From April 1, 2010 to March 31, 2012, Plaintiff A served as an auditor of the Defendant Corporation; Plaintiff B is the spouse of D who died on September 2, 2010 as the president of the Defendant Corporation from February 15, 2007.
C. On September 2, 2010, the board of directors of the defendant corporation appointed D as the chief director E as the director’s acting director upon the death of D, who is the chief director, and then elected E as the chief director around that time.
On August 5, 2011, E issued a notice of convening a board of directors to the effect that “the appointment of a school superintendent disciplinary committee member, the appointment of a teacher disciplinary committee member, the case of appointment of a general staff disciplinary committee member, the case of appointment of a general staff disciplinary committee member, and other matters discussed” shall be held at the meeting of the board of directors,” and then submitted a letter of resignation to the Defendant corporation on August 16, 201, prior to the date of holding the board of directors.
E. Accordingly, on August 20, 201, the board of directors of the Defendant Corporation (hereinafter “Defendant Corporation”) appointed F as a chief director as the board of directors acting for the board of directors. F again issued a notice of convening the board of directors on August 23, 201 as the chief director acting for the board of directors, and accordingly, F was elected as the chief director at the board of directors on September 5, 201, held on September 5, 201
F. Meanwhile, G was selected and appointed as a director at the board of directors of the Defendant Corporation on November 14, 201, and was appointed as a director on December 6, 201. On August 13, 2012, the board of directors on August 13, 2012, who was elected as the chairman of the above F was serving as the president of the Defendant Corporation until now.
G. Of the articles of incorporation of the defendant corporation, the provisions pertaining to the appointment and term of office of officers, designation of acting directors, convening of board of directors, etc. are as follows:
Article 22 (Types and Fixed Number of Officers) (1) A juristic person shall have the following officers:
1. Seven directors (including one chief director and two open directors);
2. An auditor;