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(영문) 광주지방법원순천지원 2020.04.09 2019가합10362
회사에 관한 소송
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 and Nos. 11 and 12, as to the legitimacy of the part concerning the claim for confirmation of invalidity of the resolution by February 10, 2019, the defendant’s representative director, in the defendant’s articles of incorporation, appointed by the defendant’s general meeting with the attendance of a majority of members and with the consent of a majority of the number of members present, and the term of office of the defendant’s president is three years in the case of vacancy, and the vice president provides that the chief director shall act on behalf of the president. The plaintiff was appointed at the defendant’s temporary representative general meeting held on October 23, 2016 from January 1, 2017 to December 31, 2019 as the chairperson of the defendant’s temporary representative general meeting, and the fact that D, E, and F

According to the above facts, even if the resolution of the provisional meeting of the representative on February 10, 2019 by the defendant who dismissed the plaintiff from the president was null and void, the term of office of the plaintiff's president cannot be completed and thus the president's duties cannot be performed. Thus, this part of the claim is merely seeking confirmation of the past legal relations or legal relationship, and there

2. Comprehensively taking account of the overall purport of the pleadings in the written evidence Nos. 1 and Nos. 6-2, 9, and 12 as to the legitimacy of the part of the claim for confirmation of invalidity of the resolution by March 24, 2019, the president, who is the representative of the defendant, is appointed at the general meeting of the defendant, and the defendant’s general meeting consists of the defendant’s directors and representatives, and the plaintiff may recognize the facts that are not the defendant’s directors nor representatives.

According to the above facts, as long as the right to appoint the chief director, who is the representative of the defendant, is granted to a general meeting comprised of the defendant's directors and representatives, and the defendant's members are not admitted the right to appoint the chief director, barring special circumstances, it cannot be deemed that the qualification as the defendant's members has the interest

On the other hand, as alleged by the Plaintiff, the Plaintiff.

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