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(영문) 서울고등법원 2018.05.02 2017나2073311
이사장선임사원총회결의무효확인의 소
Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 30, 2014, the Defendant is under the supervision and supervision of the Minister of Environment, which is a non-profit public corporation established with permission from the Minister of Environment, for the purpose of research and technical development for promoting the environment-friendly recycling of waste electrical and electronic equipment and for improving recycling technology.

B. The Plaintiff is a person appointed as the president of the Defendant on January 16, 2015.

(The defendant's articles of incorporation provides that the term of office of the chief director shall be the term of office as a director, the term of office of the director shall be two years, and the chief director may be reappointed only once. The main contents of the defendant's articles of incorporation are as shown in the attached Form

On December 14, 2016, the Defendant held a board of directors and a general meeting of members, and resolved and approved the reappointment agenda of directors whose term expires on January 15, 2017, and the said board of directors rejected the Plaintiff’s reappointment agenda.

On December 28, 2016, the Minister of Environment approved the Defendant’s appointment of an officer who was requested by a gold cooperative, but was not appointed by the chief director. According to Articles of incorporation 25, the Minister of Environment provided that an officer shall be appointed one month prior to the expiration of his/her term of office ( January 15, 2017). As such, the Minister of Environment sent a public notice to the Defendant stating that “The prime time is for active cooperation so that an officer may be appointed within the prompt period of

E. On January 11, 2017, the Defendant sent to the competent department of the Ministry of Environment a public notice to the effect that “The current articles of association does not have any provision on qualification requirements or appointment procedures for a new chief executive officer, thereby amending the articles of association through the board of directors and the general meeting of members, and then appointing a new chief executive officer based on the amended articles of association will proceed. Until the new chief executive officer is appointed, the current chief executive officer shall perform the duties of the chief executive officer of the Financial Cooperative.

F. Meanwhile, on January 11, 2017, the Defendant’s directors, including D and 6, requested the Plaintiff to convene a board of directors and an extraordinary general meeting for the purpose of appointing a successor president, and the Ministry of Environment is contrary to the Defendant’s assertion on January 13, 2017.

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