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(영문) 대전지방법원논산지원 2016.04.20 2015가합90

결의무효확인 등

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Defendant’s board of directors, in the latter part of the year of 2014, held a general meeting of the members of the Daejeon- South Korean Agricultural Cooperative on December 5, 2014 and held voting for the merger decision. As a result, the Defendant’s 91 of the members of the 94 members attended a general meeting and 49 of the members of the 94 members of the 94 members of the 49 members of the

2. Determination as to the cause of action

A. The plaintiff asserts that the resolution of the general meeting is null and void because eight of the 49 members who agreed to the merger were disqualified members, and the remaining 41 members who agreed to the merger did not meet the quorum under the articles of incorporation.

B. Since there is no evidence to prove that eight members who agreed to the merger are disqualified members, the Plaintiff’s assertion is without merit without further examination.

(3) The plaintiff filed an application for provisional disposition to suspend the subsequent execution of a merger by the above members' resolution as the court 2015Kahap5005, and the court dismissed the application for provisional disposition on the ground that the resolution cannot be deemed null and void. 3. The plaintiff's claim is dismissed. It is so decided as per Disposition.