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(영문) 광주지방법원 2016.09.23 2016나1799

손해배상(기)

Text

1. The appeal of this case is dismissed.

2. The total cost of the lawsuit shall be borne by C.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On August 11, 2007, the nine members, including the Defendant, D, E, F, G, H, I, J, and K, were elected as the representative by holding a general meeting of the Plaintiff, and the enactment of the bylaws was made. The main contents of the bylaws are as follows.

[Rules] Article 1 (Name) of the Code refers to the name of the clan A.

Article 4 (Officers) The officers of clans shall be as follows:

1. One representative;

2. One secretary shall be appointed at the ordinary meeting of shareholders from among the officers of this clan, and the secretary shall be appointed by the representative;

1. The president shall exercise overall control over the general affairs of the clan and represent the clan and represent the general assembly and the clan members meetings.

2.The Secretary shall administer all the duties of the clans;

Article 8 (Convocation of Meetings) The General Assembly of the clans shall hold a general meeting during the year on the day on which the collective election system is held and pass all decisions of the clans.

B. On May 5, 2013, nine persons, including C, L, M, N,O, P, Q, R, and other similar entities, enacted the Plaintiff’s new rules, and the said rules stipulate that T in U as its mother as its mother source.

C. The above B.

The nine persons described in paragraph 9 are held on May 11, 2013 at the general meeting of the Plaintiff.

A resolution of approval for the rules enacted, as described in the paragraph, was adopted to elect C as the representative of the plaintiff.

On May 11, 2013, the defendant filed a lawsuit seeking confirmation of invalidity of the resolution of the general meeting of the plaintiff with the Gwangju District Court (Seoul District Court 2014Gahap6628). On February 6, 2015, the above court rendered a favorable judgment on the ground that the above part of the claim for confirmation of invalidity of the resolution of the general meeting of the plaintiff's members cannot be deemed to have been legitimate notification of invalidity of the resolution of the general meeting of the plaintiff, and that it cannot be deemed to have been called by the defendant who is a legitimate convening authority, and the above judgment became final and conclusive on February 26, 2015.

E. C/L, on July 21, 2015, asserts that the Defendant is disqualified due to an act of misconduct, such as occupational embezzlement, should hold an extraordinary general meeting and resign from the representative of a clan.