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(영문) 대구지방법원 김천지원 2018.02.09 2017가합15815

이사회결의 무효 확인

Text

1. The Defendant’s resolution by the board of representatives on June 2, 2017 and the general meeting of shareholders on January 14, 2018, expulsion of the Plaintiff from its members.

Reasons

1. Basic facts

A. The parties 1) The Defendant’s business of constructing multi-family housing in the Gu-U.S. City C Group (hereinafter “instant business”).

(2) On October 17, 2013, the Plaintiff was elected as the Defendant’s director upon the Defendant’s recommendation of the candidate at the Defendant’s inaugural general meeting, which was held by Defendant D’s chairperson, on December 27, 2013.

B. Article 5 (Payment of Price) (1) of the Service Agreement, such as the conclusion of the Defendant’s service contract, provides that the project cost shall be financed with the contributions of the association members, and the project cost shall be paid to E based on the number of construction units approved (the number of household units altered at the time of approval for the change), based on the number of construction units approved.

(Provided, That the value-added tax shall be appropriated for and paid separately from the project cost. The amount per household (won) of the housing type (exclusive area) shall be 316 square meters, 8,000,000 74 square meters 510,000 square meters 510,000 square meters 84 square meters, 3110,000,000 square meters 310,000,000 1) Defendant Promotion Committee and E Co., Ltd (hereinafter “E”).

(2) Around 2013, prior to the holding of the above inaugural general meeting, E, as a service company promoting the instant project, shall perform the duties of purchasing the project site, obtaining authorization or permission (including modification), establishing and operating model vouchers, supporting and managing the recruitment of union members, etc., and shall enter into a contract for services on behalf of the Defendant to receive service expenses (hereinafter “instant contract for services”).

(2) On December 27, 2013, the Defendant held the above inaugural general meeting to decide on the project budget, such as the contributions of members and the cost of performing the work for each household, and confirmed the instant business contract by selecting E as an agent for the execution of the instant project.

Among Article 5 (Payment of Price) entered into a contract for the change of business performance service, the number of 59 square meters per port 316 square meters per 189 households, 74 square meters per 417 households, and 85 square meters.

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