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(영문) 부산고등법원(창원) 2019.01.17 2018나12868

대표자지위부존재확인

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 the same reasoning as the reasoning of the judgment of the court of first instance, except where the defendant added a new argument, etc. that the court of first instance to the following.

2. The addition;

A. The Defendant’s argument 1) The summary of the Defendant’s argument is as follows: (a) as the Speaker pro tempore and a clan member, he prepared a notice to hold the general meeting in November 19, 2018, which falls under October 12, 2018, which is the date of the previous general meeting; (b) sent it to 21 members of the Defendant to 18 members; and (c) held a general meeting on November 19, 2018 and made a resolution to confirm the resolution of this case at the above general meeting; (d) even if the resolution of this case is null and void, the Plaintiffs’ claim of this case is without merit because they attended the above general meeting as the Defendant’s representative at the above general meeting and regularly elected at a certain place every year in accordance with the rules or practice of the general meeting; and (b) the Defendant does not have to participate in the procedures for convening the general meeting or convening the general meeting every year, on the premise that it does not need to participate separately in the procedures for convening the general meeting, as set forth above.