무단인출금반환
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport.
1. As to this defense
A. The argument C loses qualification due to the expiration of the term of office of the Plaintiff’s president on January 2015, and the female president D acts on behalf of the Plaintiff president according to the order of the president of the E-Chapter E. Therefore, the Plaintiff is not entitled to represent the Plaintiff.
Therefore, the instant lawsuit is unlawful.
B. On February 22, 2013, F was elected and appointed as the president of the Plaintiff at the Assembly on February 22, 2013, and resigned on October 20, 2014. 2) C was elected and appointed as the president at the Assembly on October 20, 2014.
3) On August 17, 2015, the Plaintiff filed the instant lawsuit. 4) Of the Plaintiff’s articles of incorporation, the part relating to the instant case is as follows.
Article 22 (Election of Officers) (1) The president shall elect at a general meeting, and if a vacancy occurs during the term of office, he/she shall do so within three months from the date on which resignation is accepted.
Provided, That where the remaining term of office is not more than three months, it shall not be visible.
Article 23 (Term of Office of Officers) (1) The term of office of the Chairperson shall be three years, and he/she may be reappointed only once.
Provided, That where the term of office appointed is not more than one year, it shall not be included in the term of the restriction on the reappointment of a single year.
(5) Notwithstanding the provisions of paragraphs (1), (3) through (5), the term of office of the officer appointed due to a vacancy shall be the remaining term of his predecessor.
[Ground of recognition] Evidence No. 1, Evidence No. 10, Evidence No. 10, marked facts, purport of the whole pleadings
C. Determination 1) The term of office of the officer appointed due to the vacancy in the term of office of C is the remainder of the term of his predecessor. As such, the term of office of the executive officer appointed by F is the remainder of the term, and the term of office of F is from February 22, 2013 to February 21, 2016, which corresponds to three years from February 21, 2016, who takes office as the president. 2) The relationship between C and the corporation under the Civil Act is the same as the legal relationship between the delegating and the trustee, and the director, who is the institution. Therefore, once the term of office of the director expires, the delegation relationship is terminated.