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(영문) 서울고등법원 2015.07.23 2015나6502

이사회결의무효학인

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

The court's explanation of this case is the same as the reasoning of the judgment of the court of first instance, except for the following additional parts among the reasons for the judgment of the court of first instance. Thus, it is citing this case as it is in accordance with the main sentence of Article 420 of the

The following is added to the 11th decision of the first instance court, which added the following: “The resolution of the instant disciplinary action is null and void because it infringes on the Plaintiff’s unique and fundamental rights inherent and fundamental rights, such as deprivation of the Plaintiff’s qualification as a member for a certain period of time, and prohibition of speaking or exercising voting at a clan,” the following facts and circumstances acknowledged by the evidence, i.e., ① the Defendant’s board of directors only ratification of the representatives recommended by the clan from each clan (Article 8(1)(c) of the Rules of the Defendant), ② the members of the clan do not directly participate in the process of recommending each clan, ② the Defendant appears to have ratified it as it was, and ② the members of the clan were recommended in compliance with the qualification requirements of the Defendant’s representative. Accordingly, the Defendant did not recommend any specific person to be excluded from the scope of the recommendation of the Plaintiff’s representative, even though I did not recommend the Plaintiff as the Defendant’s representative in the process of recommending the Plaintiff’s specific person to be excluded from the scope of the recommendation of the Plaintiff’s representative.