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(영문) 서울북부지방법원 2016.09.01 2016가합21128

회장지위등부존재확인 청구의 소

Text

1. The plaintiff's lawsuit against the defendant B shall be dismissed.

2. Defendant C and D are the vice-chairpersons of Class A, and Defendant E are the same.

Reasons

1. Basic facts

A. The term of office of the Plaintiff clan was terminated on November 2015 while Nonparty J was appointed and performed as the president of the Plaintiff clan around November 201, 2012.

B. The main contents of the Plaintiff’s clan rules pertaining to this case are as follows.

Article 8 (Appointment) Officers shall be appointed as follows:

(1) The chairperson from among the executives under paragraph (1) shall be appointed at a general meeting upon recommendation by the board of directors.

(2) Auditors shall be appointed at an ordinary general meeting.

Provided, That an adviser shall be appointed by a branch director other than the Chairperson, and shall be appointed by the relevant branch director, and the adviser shall be recommended by the Chairperson, and he/she shall be a person who is a full-time officer who has been engaged in his/her duties and contributed to the development of the main session, and shall be promoted by the members

(3) Vice-chairpersons and general executive directors shall be appointed upon the recommendation of the chairperson at a general meeting.

(4) The directors shall be appointed by the number of persons who have come to know in the number of classes by branch waves upon the recommendation of the branch waves.

Article 9 (Term of Office) Officers shall be three years, and they may be reappointed by re-elections.

Article 15 (Convocation) (1) A general meeting shall be divided into an ordinary general meeting and an extraordinary general meeting, and the general meeting shall be held once a year in the office and shall be held by giving written notice to the public notice in daily newspapers and all officers, if inevitable, and shall be held by giving written notice to all members.

(2) The chairperson shall convene an extraordinary general meeting, where necessary, and shall notify the general meeting of the date, place, and agenda of the meeting.

(3) A general meeting shall adopt resolutions with the attendance of at least 40 members, with the consent of a majority of the members present.

(4) The minutes of a general meeting shall be kept in the center, signed by the chairperson.

(5) Participants of various levels of meetings may be paid traveling expenses.

Article 16 (Function) (1) Functions of the General Meeting shall be as follows:

1. Enactment and amendment of the regulations;

2. Election of the chairperson and auditors;

3. Consent to the appointment of vice-chairpersons, directors, and general directors;

4. Approval for an adviser;

5. Approval of business plans;

6. Approval of budget and settlement of accounts;

7. To handle other important matters.