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Reasons
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(영문) 의정부지방법원 2020.09.25 2018가합59311
대표이사(이사장)선임결의부존재등
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1. It is confirmed that there is no resolution to appoint C as the chief director at the meeting of the defendant stated in the attached Form.

Reasons

1. Basic facts

A. On December 13, 1997, the Defendant was an incorporated foundation established with the permission of the Minister of Culture and Sports for the purpose of the establishment and operation of Buddhist research, Buddhist education, waterworks, and Buddhist educational institutions, and the network D was the president’s status from the time when the Defendant was established until March 26, 2017.

B. Around 15:00 on March 1, 2018, the Defendant held a board of directors listed in the separate sheet (hereinafter “Board of Directors”). The said board of directors, with the minutes of the board of directors of this case, shall examine the following matters: (i) evidence No. 11-1, evidence No. 12, evidence No. 14-2, and evidence No. 15-2, and evidence No. 15-1 submitted by the Plaintiff; (ii) it is difficult to view that the above evidence did not have the seals of directors present at the meeting or accurately reflect the current situation; (iii) the recording of the board of directors of this case (Evidence No. 11-2) and recording files (Evidence No. 66) of the aforementioned board of directors; (iv) the above board of directors shall examine the progress of the above board of directors; (iv) the agenda items No. 13-1, No. 2, No. 15-2, No. 2, and 16-1, No. 2, and No. 4, respectively.

C. The main contents of the Defendant’s articles of incorporation are as follows.

Article 7 (Types and Fixed Number of Officers) A corporation shall have the following officers:

1. One chief director;

2. One standing director;

3. Not less than seven and not more than nine directors (including the chief director and the standing director);

4. Two auditors (Appointment of officers) (1) The chairperson shall be approved by two thirds or more of the directors registered at the board of directors among the winners who have been sealed by the Class G group for not less than 20 years among the directors of a corporation.

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