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(영문) 광주지방법원순천지원 2017.08.09 2017가합10849

회사에 관한 소송

Text

1. There is no resolution that appoints C as the president at the special general meeting of the Defendant on December 29, 2016.

Reasons

1. Facts of recognition;

A. The Defendant Cooperative claims that 80 members of the Defendant Cooperative are “80 members of the Defendant Cooperative,” while the number of its members is “80 members of the Defendant Cooperative.” The Defendant Cooperative appears to be “80 members of the Defendant Cooperative.” If the minutes of the instant general meeting show that “87 members of the Plaintiff among the total members of the Plaintiff were “87 electors from among the total members of the Plaintiff” (Evidence 3), the number of its members appears to be between 87 and 90 members of the Defendant Cooperative.

The plaintiff is the chief director of the defendant's association.

B. On December 29, 2016, the Defendant Union appointed C as the chief director at an extraordinary general meeting (hereinafter “instant general meeting”).

(hereinafter referred to as “instant resolution”). 【Grounds for recognition: Each description of evidence Nos. 1 and 3 and the purport of the entire pleadings】

2. Determination on the cause of the claim

A. The plaintiff asserted that the plaintiff did not notify the members of the documents stating the purpose, date, time, and place of the meeting at least seven days prior to the convocation date of the general meeting, and that the resolution method also fell short of the quorum, such as opening only the number of persons falling short of a majority of all the members of the association to be established, the decision was made only by the number of gambling without going through the voting procedure, and the decision was made only by the number of gambling without going through the voting procedure.

B. According to the purport of subparagraph 1 (a) and the entire pleadings, the Defendant Union’s articles of incorporation, which was in force at the time of the instant general meeting, provides that “The convening of a general meeting shall notify each member of a document stating the purpose, date, time, and place of the meeting seven days prior to the date of the meeting,” as stated in Article 28 of the Articles of incorporation of the Defendant Union, which was in force at the time of the instant general meeting.”

However, at the time of the general meeting of this case, the prior written notification procedure is required.