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(영문) 대전지방법원 홍성지원 2017.03.09 2016가합599
회사에 관한 소송
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The status of the parties, etc. 1) Defendant Incorporated Foundation (the mutual foundation E before the change; hereinafter “Defendant Incorporated Foundation”).

On December 11, 2009, F was established for the purpose of the establishment, sale (sale) sale (sale), and management and operation business. 2) At the time of the establishment of the Defendant Foundation, F registered G as a director with the power of representation (hereinafter referred to as “chief director”) who is one’s spouse at the time of establishment of the Defendant Foundation. From December 11, 2012, F directly assumed office as the chief director of the Defendant Foundation and was operating the Defendant Foundation and resigned from office on October 201, 2013.

3) Plaintiff C is punished by F; Plaintiff B is an F’s Dong, and Plaintiff A was an employee of the tax accounting office operated by Plaintiff C. At the time of the establishment of the Defendant Foundation, the Plaintiffs were registered as a director at the time of the establishment of the Defendant Foundation; Plaintiff B was cancelled on January 17, 2012 due to resignation on December 10, 2011; Plaintiff A and C were cancelled on May 9, 2013 due to retirement on December 11, 2012 following the expiration of the term of office of each three years. (B) The registration of change by each resolution of board of directors listed in the separate sheet and the transfer of the right to operate the Defendant Foundation’s operating right by the resolution of the board of directors listed in attached Table 1 through 4 was completed.

In October 2013, F was bound by the charge of embezzlement, etc. of the property of the Defendant Foundation, the change of the executive officer of the Defendant Foundation was made according to the resolution of the board of directors listed in the attached Table No. 5 stating F’s resignation, etc.

2 After the detention of F, H accepted the Defendant Foundation around March 2014.

Accordingly, on March 6, 2014, the name of the Defendant Foundation was changed from the Incorporated Foundation E to the Incorporated Foundation D, the number of directors was changed from 12 to 7, and the number of directors was changed from 12 to 3, the number of directors was removed from 10 directors and 2 auditors, including H's dynamic I, and 5 directors and 2 auditors including H were newly appointed, and registration was made by the resolution of board of directors listed in attached Table 6(6).

Then, in the attached list 7 through 9.

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