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(영문) 광주고등법원 2020.12.17 2020나22130

이사해임결의 무효확인

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning for this part of the reasoning is that the court’s reasoning is as follows: (a) deleted “the articles of incorporation of the first and the third five pages of the judgment (hereinafter “the instant articles of incorporation”)”; and (b) cited the part of “1. Basic Facts” in the reasoning of the first and the instant judgment, except that the third pages of the list are as follows; and (c) thereby, citing the summary thereof pursuant to the main sentence of Article 420 of the Civil Procedure

(4) Notwithstanding Article 44 (2), an executive officer of an association may be present at a general meeting convened at the request of at least 1/10 of the members of the association and may be dismissed with the attendance of a majority of the members and with the consent of a majority of the members present at the meeting.

In such cases, the authority of the president of the association shall be exercised when a person elected as the representative of the requester calls and proceed with the general meeting of dismissal.

Article 44 (Convocation of General Meeting) (2) The president of the partnership shall convene ex officio or at the request of at least 1/5 of its members or at least 2/3 of its representatives.

(5) Procedures and timing for convening a general meeting shall be determined by the articles of association.

Article 45 (Resolution of General Meeting) (1) The following matters shall undergo a resolution of General Meeting:

7. Selection and dismissal of the partnership officers. (6) A resolution of the general meeting shall be made in person by at least 10/100 of the partnership members;

Article 18 (Dismissal, etc. of Officers A) (1) An executive officer may be dismissed if he/she causes an unreasonable loss to the union in violation of the relevant Acts and subordinate statutes or the articles of incorporation.

In such cases, the relevant executive officer shall be provided with opportunities to vindicate the hearing, etc., and if he/she fails to comply with the hearing, etc., he/she shall be deemed to have given such opportunity.

(3) The dismissal of officers may be made by the general meeting convened at least 1/10 of the members or at least 2/3 of the representatives from office with the attendance of a majority of the members present and with the consent of a majority of the members present. In such cases, the temporary society of the representative of proposers shall be the temporary society.