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(영문) 춘천지방법원 2020.12.02 2019가합159 (1)
이사회결의무효확인
Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

The defendant related to the parties is a medical corporation that operates the J convalescent and K Medical Center in Gangwon-do Medical Service I. The plaintiff was appointed as the defendant's director on June 19, 2018 and completed the registration on July 13, 2018, and the defendant's temporary transfer meeting held on July 25, 2018 was resolved to appoint the plaintiff as the representative in a provisional society held on July 25, 2018.

On October 6, 2018, a resolution was made to reject the resolution of the temporary board of directors on July 25, 2018, which appointed the plaintiff as the representative in the defendant's temporary society on October 6, 2018.

Descriptions of the Resolution of the Defendant’s Board of Directors

1. A resolution to appoint each director of H, P, Q, and R in a temporary society on October 6, 2016: ① A resolution to consent to resignation of directors M, N, L, orO; ② A resolution to appoint the above H as a director;

2. A resolution to appoint a director who has the power of representation to resign from office as a director. (2) A resolution to appoint a director to resign from office as a director. 3) A resolution to appoint a director to appoint a director with the power of representation.

3. Resolution of October 27, 2016, in which M is called: ① A resolution to resign from the position of directors of L in a temporary society on October 27, 2016.

4. A resolution that consented to the resignation of directors (standing directors), directors (standing directors), N, andO in a temporary society on November 10, 2016; 2R is selected as directors (standing directors), T, U, and V as directors; 3. A resolution that consented to the resignation of auditors; 4. A resolution that consents to the resignation of directors and appoints X as auditors; 4 A resolution that selects X as directors with the power of representation of directors;

5. On May 8, 2017, a lawsuit was filed to confirm the absence or invalidation of the resolution of the following temporary board of directors as the Chuncheon District Court 2017Kahap51054, which held that ① A resolution to appoint Y as a director (Finally) L (the Defendant’s director was appointed on July 8, 2016) was filed in an extraordinary society.

In the above 2017Gahap51054 case, each of the above 1, 2, and 3 of April 3, 2019 resolutions of the temporary board of directors exists.

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