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(영문) 부산지방법원 2016.04.27 2015가합5470

불신임결의무효확인

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party) and the appointed party.

Reasons

1. Facts of recognition;

A. The Plaintiff, the designated parties, and the Defendant’s status 1) are organizations comprised of merchants in the C market located in the Busan Jin-gu, Busan. 2) The Defendant elected D as executives whose term of office begins from March 2013 at the general meeting of delegates held on February 26, 2013, as directors, from March 2013.

D At the above general meeting of shareholders, G was designated as vice-chairperson.

B. Resolution 1 on dismissal of the Plaintiff and Appointors) Defendant’s auditor H and I (hereinafter “auditor H, etc.”)

Around July 2014, 2014, from 26 delegates, a majority of 44 persons, for resolution of D’s embezzlement and breach of trust problems, D has received a request from D to convene an extraordinary meeting of representatives for the composition of a non-Confidence and an extraordinary countermeasure committee on the present executive organ with the president. 2) Auditor H, etc. tried to submit to the Defendant a notice of a request for convening an extraordinary meeting of the board of representatives on July 25, 2014, but the receipt was refused, the notice was sent to D, the representative of the board of representatives on July 28, 2014, requiring D to convene an extraordinary meeting of representatives by content-certified mail.

3) However, as D’s failure to comply therewith, the auditor H, etc. on August 5, 2014 to D on August 13, 2014, the extraordinary general meeting of representatives (hereinafter “the general meeting of representatives of this case”).

(4) On August 13, 2014, the Assembly of Representatives of this case decided to constitute a non-Confidence and an emergency countermeasure committee with the consent of all representatives present, including D, in the presence of 28 representatives among the representatives, in which the 28 representatives present at the Assembly of Representatives of this case decided to constitute a non-Confidence and an emergency countermeasure committee with the consent of all representatives present at D.

C. A lawsuit seeking confirmation of absence of representative status as D and a provisional disposition suspending execution of duties as to D is rendered 1) The J asserts against D that the non-Confidence resolution of the Delegate General Meeting of Representatives of this case is valid, and the lawsuit seeking confirmation of the existence of abandonment by the representative (the Busan District Court).