logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2012.09.19 2011가합9303
이사및대표자지위(권한)부존재확인내지해임
Text

1. Of the instant lawsuit, the primary claim against Defendant C and the ancillary claim against the Defendants are all included.

Reasons

1. Basic facts

A. Defendant Incorporated Foundation B (hereinafter “Defendant Incorporated”) is a nonprofit Incorporated Foundation established on December 28, 1979, and the board of directors of Defendant Incorporated Foundation held on March 28, 2006, held on March 28, 2006, Defendant C was appointed as the director and the chief director of Defendant Incorporated Foundation; the Plaintiff, D, E, and F as the director of Defendant Incorporated Foundation.

B. On May 7, 2012, the board of directors of the Defendant Foundation held on May 7, 2012 held a resolution to appoint D, F, G, H, H, Plaintiff, and Defendant C as a director, I, and J as an auditor.

C. On June 20, 2012, the board of directors of the Defendant Foundation held on June 20, 2012, D, F, G, H, and Defendant C passed a resolution to appoint Defendant C as the chief director of the Defendant Foundation.

The contents of the articles of incorporation of the defendant foundation concerning officers and board of directors are as follows:

Article 14. Types of officers and the fixed number of officers of this corporation (Defendant Foundation) shall have the following officers:

1. One chief director;

2. One standing director;

3. Not less than five but not more than ten directors (including the chief director and the standing director);

4. Appointment of two auditors or officers under Article 15.

1. The chairman, directors and auditors shall be elected by the board of directors;

2. Standing directors shall be appointed by a resolution of the board of directors from among the directors appointed by the chairperson;

3. The appointed officers shall take their office upon the approval of the competent authority.

Article 17 (Term of Office of Executives, etc.)

1. The term of office of the chief director and directors of this corporation shall be three years, and that of the auditor, two years, but they may be reappointed;

2. The term of the substitute director and auditor shall be the remaining term of his predecessor;

3. An executive shall be appointed within one month if a vacancy occurs among executives, and a successor to an executive whose term of office expires shall be appointed one month prior to the expiration of his/her term of office.

4. The full-time officer shall execute his/her duties until his/her successor is appointed, even though he/she resigns or expires.

Article 19 (Duties of Officers)

1. The chairperson shall represent this corporation, exercise overall control over all the affairs thereof, and preside over the board of directors;

3. The directors shall be composed of the board of directors and shall belong to the functions of the board of directors.

arrow