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(영문) 서울남부지방법원 2017.01.12 2016가합109520

임원 선임결의 무효확인 청구의 소

Text

1. From an ordinary general meeting held by the Defendant on March 22, 2016, the F,G Vice-Chairperson, and H as an auditor, I.

Reasons

1. Basic facts

A. The Defendant is an organization established pursuant to Article 18-2 of the Act on Honorable Treatment of War Veterans, etc. and Establishment of Related Associations (wholly amended by Act No. 11205, Jan. 17, 2012; hereinafter “ War Veterans Act”), and the Plaintiffs are members of the Defendant.

B. 1) The developments leading up to the resolution of the instant associate meeting held by the Defendant on March 20, 2015 (hereinafter “the ordinary general meeting held on March 20, 2015”) that was held on March 20, 2015 (hereinafter “the general meeting of shareholders held on March 20, 2015”); 2) the Defendant was elected as the president at the general meeting held on March 22, 2016 (hereinafter “the general meeting of shareholders held on March 22, 2016”) which was held on March 22, 2016 by the Defendant in accordance with Article 16(3) of the Defendant’s Election Management Regulations (hereinafter “the general meeting of shareholders held on March 22, 2016”), F, G

(A) Article 17 (Election of Officers), 17 (Election of Chairperson, Vice-Chairperson, Directors, and Auditors) (1) of the Act shall be elected at a general meeting and reported to the Minister of Patriots and Veterans Affairs.

(3) Other matters shall be prescribed by the election management regulations.

[Election Management Regulations by Defendant] Article 16 (Method of Election of Executives) (3) Method of Election of Vice-Presidents, Auditors and Directors

1. The election of vice-chairpersons, auditors and directors shall be submitted to the election commission by recommending not more than three candidates for the president, not more than two candidates for the auditor, not more than ten candidates for directors and not more than ten candidates for directors before the general meeting is held;

2. To announce the list of candidates for the president, the vice-chairpersons, auditors and directors recommended by the candidates elected in the election of the president at the general meeting, and to receive the approval of the general meeting, and determine the election;

(c) Relevant provisions (based on recognition), Gap evidence Nos. 1, Eul evidence Nos. 3, 4, 7, 8, and 9, each entry, and the purport of the whole pleadings.

2. The parties' assertion

A. On March 20, 2015, the resolution of the general meeting of shareholders held on March 20, 2015 by the defendant who elected K as the president is invalid. 2) The defendant's articles of incorporation and election management regulations are the president, vice president, auditor and auditor by the president.