대여금등
1. The judgment of the first instance, including each conjunctive claim added by this court, shall be modified as follows:
1. Basic facts
A. The Defendant is the Seongbuk-gu Seoul Metropolitan Government Housing Redevelopment and Improvement Project Association that obtained authorization to establish an association on January 15, 2010 from the Seongbuk-gu Seoul Metropolitan Government Office to implement a housing redevelopment and rearrangement project (hereinafter “instant project”) whose business area covers approximately 159,451 square meters in Seongbuk-gu Seoul Metropolitan Government G G.
B. The Defendant, at the meeting of representatives held on August 17, 2011, passed a resolution to suspend the performance of duties to K by the president of the partnership. On October 10, 2011, the board of directors appointed the Plaintiff who was in office as a director as the representative for the president of the partnership.
On May 7, 2014, the Plaintiff served as an acting director of the Defendant’s partnership until the resignation.
C. The main contents of the Defendant’s articles of incorporation pertaining to the instant case are as follows.
[Articles of incorporation] Article 15 (Executives) (1) A union shall have the following officers:
1. One head of the partnership;
2. Ten directors; and
3. Two auditors. (2) The officers of the partnership shall be appointed at a general meeting from among the following members with the attendance of a majority of the members and the consent of a majority of the members present:
(3) The term of office of officers shall be two years from the date on which they are appointed, and they may be reappointed through a resolution of the total number of members.
Provided, That an officer elected at the first inaugural general meeting shall commence the term of office from the date of authorization for establishment.
(5) An executive whose term expires shall perform his/her duties until his/her successor is selected and appointed.
Article 16 (Duties, etc. of Executives) (6) Where the president of a cooperative is unable to perform his/her duties due to dismissal, etc., a person appointed by the board of directors from among the directors shall act on behalf of
Article 17 (Disqualifications, Disqualifications, etc. for Executives) (1) Any person who falls under any of the following subparagraphs shall not be appointed as an executive officer
1. 미성년자금치산자한정치산자
2. A bankrupt who has not been reinstated;
3. A person in whose case two years have not passed since his/her imprisonment without labor or heavier punishment as declared by a court was completely executed (including where it is deemed completely executed) or exempted;
4. Suspension of the execution of imprisonment without prison labor or heavier punishment;