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(영문) 춘천지방법원 강릉지원 2018.10.23 2017가합30746

대의원회결의무효확인

Text

1. The defendant

A. On May 4, 2017, at the general meeting of temporary partners on May 4, 2017, the Plaintiff is expelled from its members and C.

Reasons

1. Basic facts

A. The status of the party is 1) The Defendant Incorporated Association B (hereinafter “Defendant”).

(2) On March 24, 2014, the Plaintiff was elected as a director having the power of representation (hereinafter “the president of the cooperative”) through an election on March 24, 2014, as the Defendant’s members, for the purpose of promoting the rational management of the L market and promoting the prosperity and development of business, and establishing a smooth distribution structure.

B. On April 20, 2015, the Defendant held a board of representatives as of April 20, 2015, the board of representatives as of April 20, 2015, which is “A’s regular meeting minutes.” However, in light of the list of the participants in the evidence No. 8 and the report of gender members, etc., the Defendant appears to hold a “board of Representatives”. The head of the association, as an ex officio representative, the Plaintiff and G, who was the head of the association at the time and the auditor, were present at the said board of representatives. 2) The minutes of the board of representatives (Evidence No. 8) as of April 20, 2015, contain the following contents.

H G M H H N G

C. 1) Some of the Defendant’s members filed a lawsuit against the Defendant seeking confirmation that “the Plaintiff is not in the status of the representative director of the Defendant,” and the said court rendered a judgment on January 26, 2016, stating that “the Plaintiff is not in the status of the Defendant’s representative director,” and that “the Plaintiff is not in the status of the Defendant’s representative director,” which the Defendant appealed on June 22, 2016, the appellate court revoked the judgment of the first instance on June 22, 2016 and dismissed the claim, and the said appellate judgment became final and conclusive around October 2016.

3. Meanwhile, on June 14, 2016, the Plaintiff may not perform his/her duties as the head of the Defendant’s partnership until the judgment on the principal claim in the case of confirming the existence of a director, etc. of the Chuncheon District Court (Seoul District Court Decision 2015Kahap406), by filing an application with the Plaintiff for a provisional disposition suspending the performance of his/her duties. Of the period of suspending the performance of duties, the Plaintiff is appointed as an acting director.