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(영문) 광주고등법원 2020.05.28 2019나24505

총회결의등 무효확인의 소

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as follows, except where the defendant added the following judgments as to the allegations added by the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil

(hereinafter the meaning of the abbreviationd language used in this context is as follows: (a) Additional determination is made on February 2, 198; (b) except to change the term “Defendant Branch” into the term “Defendant Branch”; and (c) the term “Defendant Branch” into the term “principal meeting”

A. The Defendant’s assertion 1) The latter part of Article 13(2) of the Rules of the Defendant’s argument that “The majority of the incumbent members shall be elected as officers.” The part requiring the attendance of a majority of the incumbent members is the part requiring a quorum, and the part requiring the election of the majority of the present members to the officers. The whole regular members at the instant general meeting were 143 members at the time of the instant general meeting resolution, but they were 40 regular members, and the power of attorney was submitted to the Speaker and 48 regular members who were present at the meeting pursuant to Article 73(2) of the Civil Act and Article 31(2) of the Articles of Incorporation. Thus, the resolution of the instant general meeting is 8 members present at the meeting. However, in the case of 48 regular members present at the meeting, the number of regular members who are present at the meeting is not included in the number, and thus, the resolution of the instant general meeting cannot be deemed to have been adopted directly by the majority of the present members and the majority of the present members, and the present members.