임시총회결의 무효확인 등
1. Of the instant lawsuit, the resolution of the board of directors held by the Defendant on November 28, 2015, and the temporary general meeting resolution as of December 14, 2015.
1. Basic facts
A. The party status 1) The Defendant (hereinafter “Defendant Association”)
(2) The Plaintiff served as the standing director of the Defendant Union from March 26, 2007 to December 14, 2015, with the aim of improving the economic and social status of its members through sound fostering of credit unions based on common bond and contributing to the development of local economy by providing convenience in finance to local residents.
B. Audit results with respect to the Plaintiff of the Defendant Union: (i) the Plaintiff used KRW 23,50,000 for a total of 47 times from January 20, 2012 to November 25, 2015; (ii) the Plaintiff used KRW 5,500,000 for a total of 11 times from April 24, 2007 to September 16, 2013; and (iii) the Plaintiff used KRW 5,500,000 for a clothes expense from June 17, 2015.
7. On November 27, 2015, the Defendant Union and the Plaintiff notified the result of audit that a long-term absence without handing over the duties of the president’s vicarious performance of duties (hereinafter “the audit result of this case”) for 12 days, and on the same day, the Defendant Union and the Plaintiff demanded improvement of the Plaintiff and measures for suspension of duties and emergency meetings of the board of directors on the grounds of the audit result of this case.
C. Resolution 1 of the board of directors dated November 28, 2015) The Defendant Union’s board of directors (hereinafter “the board of directors of this case”) with the consent of D, E, F, G, and H5, a director of the Defendant Union on November 28, 2015 (hereinafter “the board of directors of this case”).
(2) The board of directors held a meeting. (2) The representative auditor C of the Defendant Union opened an emergency board of directors with the chairperson and proceeded with the board of directors with respect to the reprimand procedure against the Plaintiff. The Plaintiff completed the vindication of the audit results of the instant case and went out of the board of directors.
3. After the plaintiff's retirement, D, the vice-chairperson, was the chairperson, and again declared the opening of the board of directors of this case. The board of directors of this case requested the improvement of the plaintiff and the suspension of its business in accordance with the audit results of this case.