조합원총회결의부존재확인
1. The Defendant’s appointment of C, directors D, E, F, G, and auditor H at the resolution of the special general meeting of the Defendant on August 22, 2013.
Basic Facts
A. The Plaintiff, C, G, E, H, D, and F (hereinafter “C, etc.”) are members of the Defendant Union.
B. On August 22, 2013, even though the office of the Defendant Union did not hold an extraordinary general meeting (hereinafter “instant extraordinary meeting”), C, etc. falsely prepared the minutes to the effect that C, a director and representative director of the Defendant Union, G, E, D, and F were appointed as an auditor by holding the instant extraordinary general meeting at the said time and place, and the executive officer of the Defendant Union was registered on August 29, 2013 in the registry of the Defendant Union.
C. Thereafter, C et al. was indicted for committing a crime that “C et al. conspired but did not hold the instant special meeting on August 22, 2013, but did not know of such fact, and had a notary public attend the meeting and make a false report as if it were held, and had a public official record the fact of mistake in the corporate register in the same electronic records as the original of the authentic deed, and exercised it by keeping the corporate register in which the false facts were recorded,” and was sentenced to a conviction on June 24, 2015 in the instant case, including the false entry in the official electronic records, etc. as prescribed by Presidential Decree No. 20155, Jun. 24, 2015. The judgment became final and conclusive on July 2, 2015.
C On January 23, 2015, in the capacity of the representative director, notified the convocation of a general meeting of shareholders with the term "(1), (2), (3), (4) the report on the settlement of accounts and audit reports, and (4) other agenda items as agenda items."
E. According to C’s notice of convening a meeting, a general meeting of the Defendant Union (hereinafter “instant general meeting”) was held on March 4, 2015 with the attendance of 40 union members and 19 delegation. A resolution was made to appoint C as a director for the representative director, G, D, E, and F of the Defendant Union at the above general meeting.
F. Meanwhile, the parts relating to the election of the general assembly and officers of the Defendant Union’s articles of association are as follows.
Article 36 (Number of Officers) This partnership shall have the following officers:
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