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(영문) 창원지방법원진주지원 2017.06.29 2016가합11663
이사회결의 무효확인
Text

1. The defendant

A. On October 23, 2014, the board of directors of the board of directors held the Plaintiff as the chief director, and the Intervenor E, H, D, and F as the chief director, and the Plaintiff’s assistant E, D, and F.

Reasons

1. Basic facts

A. On March 12, 2004, the Defendant Foundation held an inaugural general meeting and appointed L as the chief director, the Plaintiff, M, N, andO (pre-name P) as directors, and E as auditors, and their terms of office are four years, respectively.

B. Around April 2004, N around August 2004, left the inspection team operated by the Defendant Foundation, and from around 2015 to around 2015, N did not have any contact with the Defendant Foundation or the Plaintiff. On the other hand, L, M, and the Plaintiff still participated in the operation of the Defendant Foundation even after the term of office as the president and the director of the Defendant Foundation expires on or around March 2008, M was resigned from the director on or around December 2008, and L was killed as a traffic accident around October 2014.

C. Since then, Defendant Foundation held a board of directors on October 23, 2014 and held the board of directors to inform the president of the board of directors and the first director, and the “an agenda item” in the meeting minutes of the board of directors prescribed in the evidence No. 5 of the evidence No. 5 of the defendant supplementary intervenor (hereinafter the intervenor) does not state that E was appointed as a director, but in light of the fact that the list of the appointed directors includes E, E appears to have also been appointed as a director.

H, D, and F were resolved to appoint each director and intervenor G as an auditor (hereinafter the first resolution of the board of directors), and only the plaintiff was present as a director.

The Defendant Foundation held a board of directors on December 1, 2015, and dismissed the Plaintiff from office at the chief director and the first director’s office. The Intervenor D as chief director, J as chief director, the Intervenor E as chief director, and the Intervenor E as chief temporary branch agent (hereinafter referred to as the “second board of directors’ resolution”), and the above resolution was made by the Intervenor E, H, D, and F as chief director.

E. Meanwhile, the articles of incorporation of the Defendant Foundation relating to the instant case are as follows.

Article 15 (Types and Fixed Number of Officers) (1).

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