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(영문) 창원지방법원 마산지원 2021.02.10 2020가합100642

총회결의무효확인

Text

On May 31, 2020, the defendant confirmed that the resolution of expulsion against the plaintiff was null and void.

The costs of lawsuit are assessed against the defendant.

Reasons

1. Basic facts

가. 당사자의 지위 피고는 C 씨 (C 氏) D의 차자( 次子) 인 E의 후 손들 로 구성된 종중이고, 원고는 피고의 종 원으로서 2017. 5. 13.부터 2018. 9. 28.까지 피고의 회장을 역임한 자이다.

B. On September 4, 2018, while holding office as the chairperson of the defendant, the plaintiff was convicted of having been sentenced to imprisonment for August 13, 2019 on the ground that he/she voluntarily extracted KRW 202,909,956 from the post office regular deposit account under the name of the defendant and embezzled by using it on his/her own, and was sentenced to a judgment of conviction for eight months (the Changwon District Court Decision 2018 Gosan Branch 1174) and the above judgment became final and conclusive.

2) After the release of the Plaintiff, the Plaintiff filed a complaint against the Defendant’s auditor and the class members, who are directors, with the charge of interfering with the Defendant’s business. On May 24, 2020, the Defendant’s board of directors held on May 24, 2020 resolved that “The Plaintiff’s filing of a complaint against the executive officers executing the Defendant’s business is the act of leading the Defendant to the Defendant, and thus, the Plaintiff’s proposal of the Plaintiff pursuant to Article 22(2) of

3) On May 31, 2020, the Defendant: (a) held an ordinary general meeting on the agenda “A case of disciplinary action against the Plaintiff (the expulsion of a member from his/her right)”; (b) attended by 51 members and exercised their voting rights; (c) as a result, the Defendant made a resolution that “the Plaintiff shall be expelled from the Defendant’s clan pursuant to Article 22(2) of the Defendant’s Articles of Incorporation” (hereinafter “resolution for expulsion”).

(c)

The defendant's articles of incorporation No. 1 (title) of this clan (hereinafter referred to as "the clan") of Chapter 1 of the General Rules of the Republic of Korea (hereinafter referred to as "the clan") shall be B clan (including the F clan and G clan).

제 2 조( 회원자격) 본회의 회원은 D의 차자 중 E( 諱: H) 의 후손으로서 20세 이상의 남자로 한다.

Article 3 (Rights) Members shall be present at a meeting to speak and shall have the right to vote and to be elected by officers.

Article 5 (Purpose) The main purpose of this Council is to cultivate sublime spirit, to support and support sublime spirit.