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(영문) 부산지방법원 2013.12.27 2013가합4053

이사선출결의무효확인

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The status of the parties is that the defendant is a legal entity comprised of chartered bus transportation business operators in K for the purpose of contributing to the development of the transportation business of the chartered bus in K City and the promotion of their common interests, and the plaintiff A and the plaintiff B are members of the defendant as the representative director of M.

B. On December 24, 2012, the Defendant: (a) notified the Defendant’s members on the opening of the Defendant’s general meeting and the selection of directors for D et al.; (b) the agenda items to the Defendant’s members; (c) the case pertaining to “Deliberation on the Settlement of Revenue and Expenditure Budget of 2012”; (d) the case pertaining to “Deliberation on the Business Plan (2013) and the Revenue and Expenditure Budget of 2013”; and (d) the case pertaining to “election of executive officers of the Association”; and (d) the case pertaining to other industrial issues on January 16, 2013 at the general meeting; and (d) on January 45, 2013, the 46th general meeting (hereinafter “instant general meeting”).

(2) The instant Congress held the following: (a) the annual meeting; (b) the annual revenue and expenditure budget settlement deliberation; (b) the business plan and revenue and expenditure budget deliberation for the year 2013; and (c) the election of the president who received 25 votes out of the 45 votes was elected by N andO after handling the agenda on the disposition on deficits in the unpaid membership fees for the cooperative of a discontinued business; and (b) the foregoing N obtained 25 votes out of the 45 votes.

3) After the end, the general meeting of this case was convened one hour more, and there was an agenda on the case of appointment of the vice-chairperson, directors, and auditors, in which some union members left the general meeting, and some union members were proposed. While the opinions (N support strike) to delegate the appointment of executive officers among the union members and the opinion (O support strike) to the executive organ that the appointment of executive officers should be made by a majority at the general meeting of this case, the president first elected J and P as the auditor. 4) After the general meeting of this case, the foregoing N and 10 union members, including the above N and the union members supporting them, were to elect directors by a majority vote at the general meeting of this case, and the general meeting for the appointment of directors is re-determined.