ÀÌ»çȸ°áÀÇ ¹«È¿È®ÀÎÀÇ ¼Ò¿¡¼ ¿ø°í°¡ ½Â¼ÒÇÏ¿´´Ù.
The plaintiff prevailed in an appeal to confirm invalidity of the board resolution.
±×·¸´õ¶óµµ ±× È®Á¤ÆÇ°áÀº Á¦3ÀÚ¿¡ ´ëÇÏ¿©´Â È¿·ÂÀÌ ¾ø´Ù.
Even so, the final judgment has no effect against a third party.
ÁÖ½Äȸ»çÀÇ ´ëÇ¥À̻簡 ÀÌ»çȸ°áÀǸ¦ °ÅÃÄ¾ß ÇÒ ´ë¿ÜÀû °Å·¡ÇàÀ§°¡ Á¤ÇØÁ® ÀÖ´Ù.
External transactions that the representative director of the stock company must go through the resolution of the board of directors are determined.
±×·¯³ª ´ëÇ¥À̻簡 À̸¦ °ÅÄ¡Áö ¾Æ´ÏÇÏ°í °Å·¡ÇàÀ§¸¦ ÇÏ¿´´Ù.
However, the CEO did not go through this and did a transaction.
±× °Å·¡ »ó´ë¹æÀº ÀÌ»çȸ°áÀÇ°¡ ¾ø¾úÀ½À» ¾Ë¾Ò°Å³ª ¾Ë ¼ö ÀÖ¾úÀ» °æ¿ì°¡ ¾Æ´Ï´Ù.
It is not the case that the counterparty knew or could have known that there was no board resolution.
Áï ±× °Å·¡ »ó´ë¹æÀº ÀÌ»çȸ°áÀÇ°¡ ¾ø¾úÀ½À» ¸ô¶ú°Å³ª ¸ð¸¦ ¼ö¹Û¿¡ ¾ø¾ú´Ù.
In other words, the counterparty did not know or was not bound to know that there was no board resolution.
±×·¸´Ù¸é ±× °Å·¡ÇàÀ§´Â À¯È¿ÇÏ´Ù.
If so, the transaction is valid.
|