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(영문) 부산고등법원 2019.09.19 2018나55602

대표자 선임결의 무효확인

Text

1. Of the part against the defendant in the judgment of the court of first instance, the defendant's representative C during the extraordinary general meeting of September 17, 2017 is the representative B.

Reasons

1. Basic facts

A. On April 27, 2017, the Defendant: (a) pursuant to the “Rules of 2010 Amendment” as stated in the “Rules of 2010 Amendment”; and (b) pursuant to the Rules of Amended by April 30, 2010 (hereinafter “Rules of 2010”), (c) elected the Plaintiff as the Defendant’s head; and (d) elected the Plaintiff as the Defendant’s chief director; and (e) elected I as the Defendant’s chief director.

C From May 1, 2017, it performed the work as the defendant's head of a literature.

B. On May 17, 2017, the Defendant’s president, on the part of the Defendant’s directors, issued a notice of convening a single board of directors on the following grounds: (a) on May 25, 2017, the Defendant’s sole board of directors held a meeting of the Defendant’s sole board of directors; (b) on May 25, 2017, the Defendant held a meeting of the Defendant’s sole board of directors, and, on the part of the Defendant’s “C, caused the Defendant’s failure to properly proceed with the execution and interview by obtaining his/her approval with respect to all literary matters; and (c) made the Defendant’s chief director, who is the Defendant’s chief of the division, expressed his/her desire to “Igma” in the “C disciplinary action” (hereinafter “reasons

(hereinafter “Resolution on Disciplinary Action against the Single Council on May 25, 2017”)

On September 17, 2017, the Plaintiff, as a proxy of the Defendant, was holding an extraordinary general meeting on behalf of the head of the Gu, declared the closure and left the meeting, and the Defendant’s adviser was elected as the Speaker pro tempore by the members remaining in the meeting place, and passed a resolution to dismiss the Plaintiff, etc. from the office of execution.

(hereinafter “Resolution on Special General Meeting of September 17, 2017”) D.

C as the head of the Defendant’s sentence on September 29, 2017, the Defendant’s advisory board was held, and the said advisory board confirmed the resolution of the special general meeting as of September 17, 2017 in the society of advisory board, and ② the resolution was passed at the election of the executive board such as the chief of the division, the finance, and the executive director.

The resolution of the advisory board on September 29, 2017 is referred to as the "resolution of the advisory board".

E. C, as the head of the Defendant’s sentence, holds an extraordinary general meeting of the Defendant on December 17, 2017, and a resolution of the advisory board on September 29, 2017 at the said extraordinary general meeting.