이사장 해임총회결의 무효확인 청구
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Defendant was a financial institution established under the Community Credit Cooperatives Act for the purpose of receiving deposits and installment savings from its members and lending loans to its members. On January 21, 2012, the Plaintiff was the president of the Defendant, and was reappointed on January 21, 2016.
B. From January 31, 2017 to February 8, 2017, 46 of the Defendant’s 128 representatives, signed and sealed a written demand for dismissal against the Plaintiff and submitted it to the Defendant.
Accordingly, on February 9, 2017, the Defendant opened a temporary directors meeting and decided to additionally propose the dismissal of executive officers in the presence of all eight directors including C, and held the fourth general meeting on February 21, 2017 (hereinafter “instant general meeting”).
At the above general meeting, 96 delegates passed a resolution to dismiss the plaintiff who is the president (hereinafter referred to as the "resolution to dismiss the plaintiff in this case") with the consent of all the delegates present.
C. Among the articles of incorporation of the Community Credit Cooperatives Act, the Enforcement Decree of the same Act and the defendant, the parts related to this case are as follows
(3) General meetings shall be comprised of members, and shall be convened by the president.
(4) The following matters shall be resolved at a general meeting:
3. A member may request the president to convene an extraordinary general meeting by submitting a document stating the purpose of and reasons for the meeting, with the consent of at least 1/3 of the members, and signing and sealing thereon, with the consent of at least 1/3 of the members;
(2) The president shall hold a general meeting within two weeks from the date on which a request is made under paragraph (1).
Article 15 (Notice, etc. to Members) (2) The notice of convening a general meeting shall be given in the manner stipulated by the articles of association by presenting the date, time, venue, and purpose of the meeting at least seven days before the date on which the
Article 18 (Appointment of Officers) (5) Officers shall be selected and appointed at a general meeting by secret voting, and the chief director and the vice chief director.