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(영문) 서울고등법원 2020.02.06 2019나2033171

총회결의 무효확인의 소

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1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal, including the part arising from the supplementary participation, are assessed against the Plaintiffs.

Reasons

The reasoning of the judgment of the court of first instance citing this case is as follows, and the reasoning of the judgment of the court of first instance citing this case is the same as that of the judgment of the court of first instance except for further determination as to the plaintiffs' assertion.

(1) The plaintiffs asserted that the plaintiff's action of the first instance court against "G innovation proposal" has influenced the result of the general meeting resolution by changing the position that "G innovation proposal" in the second on-site voting place after the completion of the first advance voting place to the effect that "G innovation proposal" is "payment" and the members who participated in the advance voting place violate the fairness and transparency of bidding, and violated the decision-making right of the members who participated in the advance voting place, and comparing the result of the advance voting with the result of the advance voting place, the plaintiffs asserted that the plaintiff's action of the plaintiff affected the result of the general meeting resolution by failing to respond to the defendant's question about the occurrence of additional expenses while publicizing "G innovation proposal" as if the plaintiffs were to provide "G innovation proposal" without compensation.

Judgment

However, in light of the various circumstances acknowledged in the reasoning of the first instance judgment cited earlier, each of the evidence presented in this case is insufficient to recognize that the intervenor promoted to the effect that he would provide a new innovation proposal free of charge.

In addition, the Plaintiff asserted that it was unclear whether or not the G Innovation proposal was made at the time, but the Defendant asked the Intervenor to the effect that “if the design for specialization is reflected, the construction cost increased by the size of the construction cost increases in the average of the construction cost. In the absence of the answer, it shall be notified that there is no answer to the members.” However, if the Intervenor did not answer it, the details of the bid proposal, etc. shall be included.