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(영문) 대전지방법원 2014.01.16 2013가합7831

종중결의무효확인

Text

1. The Defendant’s resolution under Paragraph 1 of the Attached List, which was made at the extraordinary general meeting of July 11, 2009, and at the extraordinary meeting of July 31, 2009.

Reasons

1. Basic facts

A. The Plaintiffs are the Defendant’s senior members.

B. At the Defendant’s extraordinary general meeting held on July 11, 2009 after the J announced, K as the Defendant’s president while the 44 members were present, K was elected as the Defendant’s president, and a resolution was made in the same manner as the attached list No. 1.

C. At the Defendant’s special meeting convened by K on July 31, 2009, at the Defendant’s special meeting held on July 31, 2009, the resolution was made in the same manner as the attached Table No. 2, while 31 members are present.

On November 23, 2012, K convened and passed a resolution as shown in paragraph 3 of the attached Table, while 30 members are present at the general meeting of the defendant held on November 23, 2012.

[Reasons for Recognition] Each entry of Gap evidence Nos. 4, 7, 8, 9 (including branch numbers), and the purport of the whole pleadings

2. Summary of the plaintiffs' assertion

A. The Defendant’s extraordinary general meeting of July 11, 2009 was convened by a doubtful JJ as to whether the Defendant’s representative was in the position of the Defendant. ② A general meeting was held without a convocation notice to the subordinate members possible at the time of communication; ③ the convocation notice was made on July 7, 2009 where no week has elapsed since the date of the general meeting; ④ a resolution was made on the case of the appointment of the president, who is not the one publicly announced in advance, and ⑤ a resolution was made in the Defendant’s final meeting of approximately 90 persons, approximately 800 persons, and approximately 1,850 persons, including approximately 1,850 persons, among the Defendant’s senior members, who were 44 members, and thus, the resolution on the election of the president of K taken at the said extraordinary meeting had no significant and apparent defects in the convocation procedure and method.

B. As a result, K does not have the Defendant’s qualification as the president, the extraordinary general meeting as of July 31, 2009 and the resolution at the ordinary general meeting as of December 31, 2012, convened by K, have a significant and apparent defect in all the convocation procedures. In addition, the special meeting as of July 31, 2009, among the Defendant’s closing members, was passed by only 31 members among the Defendant’s closing members, and the resolution at the ordinary meeting as of December 23, 2012, is significant and apparent in each of the resolution methods.