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(영문) 창원지방법원 2019.02.21 2018노2197

자격모용사문서작성등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (the mistake of facts and misapprehension of legal principles);

A. Inasmuch as the Defendant was lawfully elected as the president at an extraordinary general meeting (hereinafter “instant extraordinary general meeting”) held on November 19, 2015 by the B Association C Council (hereinafter “C Council”) (hereinafter “C Council”) held on November 19, 2015, the Defendant cannot be deemed to have obtained qualification as the president of the C Council.

B. In addition, the Defendant was selected and appointed as the president in accordance with the procedure and quorum prescribed by the rules of the C Council at the above special meeting, and as the D, the president of the C Council, voluntarily withdrawn the Defendant after filing an application for provisional disposition, the Defendant did not have been aware that his qualification as the president of the C Council

2. Determination

A. First of all, determination on the legitimacy of the instant special meeting is made, the provisions of the C Council’s rules pertaining to the lawfulness of the instant special meeting are as follows.

Article 15 (Duties of Officers) of the Regulations of the Association of Regional B Associations

1. The chairperson shall represent the Council, preside over the duties of the Council, and convene and preside over all meetings at the same time;

2. The vice-chairperson shall assist the chairman of the Council, and act for the chairman to act for the chairman;

§ 18 (Meetings) This Council shall have the following meetings:

1. Article 20 (Convocation of General or Extraordinary General Meetings);

1. A general meeting shall be divided into an ordinary general meeting and an extraordinary general meeting, while an extraordinary general meeting shall be convened at any time when the chairperson deems it necessary and when a member demands the convocation of an extraordinary general meeting;

2. In convening the general meeting, all members shall be notified of the agenda, date, time, and place of the general meeting seven days before the general meeting is held;

(A) In the case of an urgent need, letters may be substituted by a letter. At a general meeting of shareholders of Article 21 (Resolution of General Meeting) (15 or more) the members present shall be present, and the proceedings shall be approved by the affirmative votes of a majority of present members or more.

(A) It shall be delegated on an excursion ship, but in case of the numbers of votes of approval and disapproval, the chairperson shall determine).