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(영문) 광주지방법원 순천지원 2017.01.12 2016가합11968
이사선임권한확인등 청구의 소
Text

1. The part of the instant lawsuit dismissing the absence of a resolution of appointment of director.

2. The plaintiff's remaining claims.

Reasons

1. Basic facts

A. On January 27, 2003, Busan Savings Bank Co., Ltd. (hereinafter “Stock Company”) entered into an agreement on the promotion of projects to establish and sell a charnel house in D (hereinafter “instant project promotion agreement”) between D and D’s well-known E and D to undertake the business of establishing and selling a charnel house (hereinafter “instant project promotion agreement”).

The special terms and conditions of the instant project promotion agreement stipulate that “the project owner shall be a foundation, and the Busan Savings Bank shall have the power to represent the Foundation Board of Directors and shall have the authority to appoint a majority of directors and a person responsible for accounting.

B. Under the instant project implementation agreement, the Defendant was established on May 14, 2003 to establish and operate the charnel facilities, and the Busan Savings Bank agreed on September 5, 2003 to transfer the right to purchase a charnel house to a person designated by the Busan Savings Bank, where the Defendant and the Busan Savings Bank conduct a charnel project, and the Busan Savings Bank lend KRW 8 billion, and the business profit of the Plaintiff and the Defendant have KRW 50%, but the Defendant cannot sell a charnel house for more than 10,000 within six months after the completion of a charnel house.

C. The Busan Savings Bank was declared bankrupt on August 16, 2012, and the Plaintiff was appointed as the bankruptcy trustee of the Busan Savings Bank.

At the time of October 13, 2015, F, G, and C were appointed as the defendant's director at the resolution of the board of directors, and the defendant resigned from the defendant's director.

E. The Defendant’s articles of incorporation are as follows, and the Defendant’s directors are B, C, and H.

Article 15 (Kinds and Fixed Number of Officers)

1. One representative director;

2. One executive director;

3. One director; and

4. One auditor. (1) The representative director, directors and auditors shall be elected by the board of directors.

(2) Executive directors shall be appointed by the board of directors after appointing a representative director from among those appointed.

(3) Where directors are appointed or dismissed, they shall submit the appointment or dismissal to the competent authority.

§ 25. Board of directors

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