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(영문) 광주지방법원순천지원 2015.04.23 2014가합11926
이사회결의부존재확인등
Text

1. The litigation shall be dismissed by the bankruptcy trustee of the Plaintiff Bankrupt, the Busan Savings Bank;

2. The plaintiff.

Reasons

1. Basic facts

A. The defendant is an incorporated foundation with the objective of establishing and operating private charnel facilities.

On August 16, 2012, a creditor, Busan Savings Bank, Inc., Ltd. (hereinafter “BO Savings Bank”), who was declared bankrupt on August 16, 2012, was appointed by the Korea Deposit Insurance Corporation (hereinafter “Plaintiff Deposit Insurance Corporation”), as a trustee in bankruptcy of the Busan Savings Bank, and the Plaintiff A was appointed as the Defendant’s director on August 23, 2013 through the agent of the manager of the Busan Savings Bank and the Plaintiff Deposit Insurance Corporation.

B. In the circumstances where the Defendant’s existing director D and E’s term of office is expected to expire on June 10, 2014, D sent a muster notice to the Plaintiff on May 22, 2014, stating that “Temporary: 14:00 on June 2, 2014, and bill: inside of the board of directors’ appointment.”

At the meeting of June 3, 2014 and June 5, 2014, the above board of directors and its related parties discussed the contents that “A, D, and E shall be appointed as directors on the condition that the articles of incorporation shall be modified to increase the number of directors to four and that one of the members of the Plaintiff Deposit Insurance shall be appointed as directors additionally,” but no specific agreement has been reached.

C. On June 9, 2014, Plaintiff A, D, and E discussed the appointment of directors again on June 9, 2014, but a meeting was held without narrow differences in opinions.

Since then, D and E shall appear at the board of directors resolution (hereinafter “the first board of directors resolution”) and “three directors (D, E, and C) attend, resign from directors, and resign from directors,” on June 10, 2014, stating that “D and E shall be appointed as directors” among three directors, “D and E shall be present at the board of directors resolution (hereinafter “the second board of directors resolution”; hereinafter “the first board of directors resolution”) and “D, E, and E shall be appointed as directors”; and hereinafter “the first and second board of directors resolution”) following the resolution by the board of directors resolution of June 10, 2014.”

The articles of incorporation of the defendant in relation to the instant case are as follows.

Article 15 (Kinds and Fixed Number of Officers)

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