임시총회 및 정기총회결의 무효확인
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasons for this part of the underlying facts are as stated in Paragraph 1 of the reasoning of the judgment of the court of first instance, except that the "11 agenda items" in Part 3 of the judgment of the court of first instance is deemed "a ratification of the 11 agenda items".
Article 420 of the Civil Procedure Act (main sentence of Article 420 of the Civil Procedure Act). The reasoning for this part is as stated in Paragraph (2) of the judgment of the court of first instance, except where the "General Assembly" in Part 3, 18 of the judgment of the court of first instance is deemed to be the "General Assembly of this case" in Part 3, 3, 18 of the judgment of the court of first instance.
(main sentence of Article 420 of the Civil Procedure Act). 3. Determination as to the claim for confirmation of invalidity of a resolution on the agenda of this case made at the general meeting of this case
A. At the general meeting of the Plaintiff’s assertion, the resolution on the instant agenda at the general meeting of the Plaintiff is defective as follows, and the above resolution is nonexistent or null and void.
1) There was no discussion and resolution on the instant agenda, and only I prepared minutes at will. 2) On November 15, 2013, when I elected I as the representative of the Defendant clan, the resolution of the general meeting of shareholders dated 15, 2013, which was ① presided over the meeting as the Speaker pro tempore, other than the full-time representative, and ② the resolution was made under the state of illegal restriction on the eligibility for election of the former executive organ.
Therefore, similar I did not have the power of representation at the time of the general meeting of this case.
3) On April 26, 2014, the resolution of the special general meeting was ratified even if there was a defect that could not be ratified, and the resolution of ratification was made without disclosing the fact that the above resolution of the special general meeting was null and void to the members present at the time of the resolution, and that the inducement distributed at the time of the above special meeting was made without disclosing the fact that it was false. (B) In full view of the statements or images of evidence Nos. 1, 5, 8, and Nos. 25, 30, 36, 39, 40, and 41, and the purport of the entire pleadings at the testimony of the witness of the first instance trial, the defendant clan held the general meeting of this case and held the general meeting of this case following the discussion of the members present at the meeting.