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(영문) 부산고등법원 2014.12.17 2014나895

이사선출결의무효확인

Text

1. Revocation of the first instance judgment.

2. At the ordinary meeting of January 16, 2013, the Defendant: D, E, F, G, H, and I, the vice-chief director, F, H, and I.

Reasons

1. Basic facts

A. The status of the party is that the defendant is a legal entity comprised of transportation business operators who registered a chartered bus transportation business or installed a chartered bus transportation business office at K, which is engaged in pursuing common interests of transportation business operators and mutual aid business under the Passenger Transport Service Act. The plaintiff A and the plaintiff B are members of the defendant as the representative director of L corporation and M corporation.

B. On December 24, 2012, the Defendant: (a) notified the Defendant’s members of the instant general meeting of shareholders on the following: (b) the Defendant’s agenda (i) the instant general meeting of shareholders; (iii) the case pertaining to the “Deliberation on the Settlement of Revenue and Expenditure Budget of 2012”; (iv) the case pertaining to the “Appointment of executive officers of the Association”; and (iv) the case pertaining to other industrial issues; and (v) the first general meeting of 46 in 2013 (hereinafter “instant general meeting”) was held on January 16, 2013; and (v) the instant general meeting was held on January 2, 2012 while all members of the instant general meeting were present at the meeting; (v) the year 2012, the budget settlement; (v) the revenue and expenditure settlement; (v) the business plan of 2013 and the revenue and expenditure budget; and (v) the National Assembly’s report on the abolition of its business; and

3) After the end, the general assembly of this case opened a meeting for one hour, and some of the members were proposed to appoint the vice-chairperson, directors, and auditors in the presence of the general assembly. However, there were still controversy over the appointment of executive officers among the union members by a majority of the general assembly of this case (O support strike) and the opinion that the appointment of executive officers should be delegated among the union members by a majority of the general assembly of this case. On the other hand, at the time, the president and P were elected by a unanimous vote at the general assembly of this case.