logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2016.04.12 2015다203202
이사회결의무효확인
Text

All appeals are dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

1. The lawsuit in this case is unlawful on the ground of appeal that there is no benefit in confirmation, and even if the term of office of all or part of the directors of the corporation under the Civil Act expires or resigns, or even if there is no appointment of the remaining director, it is impossible for the former director whose term of office expires or the remaining director who has resigned to act as a normal corporation, barring any special circumstance to deem it inappropriate for the former director to act as a normal corporation, the former director may perform the previous duties until the former director is appointed. Where the former director can perform the previous duties until the former director is appointed, and where the former director can act as a part of his duties until the latter director is appointed, the former director has a legal interest in claiming the defect in the resolution of the board of directors appointed by the latter director, but if there are special circumstances to deem that the former director whose term of office expires or resigned is inappropriate to act as a corporation, such lawsuit for invalidation shall be deemed unlawful as there is no benefit in confirmation by the resolution of the board of directors.

(2) On the premise that there is no special circumstance to deem that it is inappropriate for the plaintiffs to perform their duties, the court below held that there is a benefit of confirmation of the plaintiffs' lawsuit of this case seeking confirmation of invalidity, on the premise that there is no reason to deem that the term of office expires or the resignation of the defendant's former director, who is a director of the company that has expired or resigned, has a benefit of confirmation.

The judgment below

In light of the relevant legal principles and records, the judgment of the court below is just and acceptable.

arrow