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(영문) 울산지방법원 2015.11.19 2014가합17868
사원권부존재확인
Text

1. The non-party C (D) confirms that he is not a member of the defendant.

2. The defendant shall file for the registration in the annexed sheet with the plaintiff.

Reasons

1. Basic facts (applicable for recognition: Fact that there is no dispute, entries in Gap evidence 1 and 2, and purport of the whole pleadings);

A. The defendant is an unlimited partnership company that runs the sales business of Byung-in Class, etc., and the plaintiff and the non-party C (D) are employees of the defendant company.

B. The Defendant’s articles of incorporation (amended by March 24, 2011; hereinafter “instant articles of incorporation”) contains the following provisions:

Article 12 (Amendment of Articles of Incorporation) Any amendment to the Articles of Incorporation shall require the consent of all the members.

If unavoidable reasons exist for the withdrawal of a member, the withdrawal may be made with the consent of all the members.

Provided, That where a company is in the course of liquidation, it shall not retire.

Article 17 (Withdrawn Members) Members shall be retired due to any of the following reasons:

(1) If (2) the consent of all the members (3) death (5) Incompetency (6) bankruptcy (7) a member has reached the age of 65, the articles of incorporation, as prescribed in the articles of incorporation, Article 1 (Enforcement) of the Addenda (which may be extended by a resolution of all the members) shall enter into force as of March 25, 201.

2. Determination as to the cause of claim

A. The summary of the party’s assertion 1) The Plaintiff’s articles of incorporation of this case provide that a member shall automatically retire when he reaches the age of 65. As such, Nonparty C naturally retires from the position of the employee of the Defendant Company on June 12, 2013, which reaches the age of 65. Accordingly, the Defendant is obligated to obtain confirmation of the absence of the employee’s status, and the Defendant is obligated to complete the procedure for the registration of the change of the employee with the purport that C has retired to the Plaintiff. (2) At the ordinary meeting of March 24, 2011, Defendant 17(7) that provides that a member shall automatically retire when he reaches the age of 65, among the articles of incorporation of this case, shall not apply to Nonparty C, who was a member at the time of the above general meeting.

Therefore, C is currently a member of the defendant.

B. According to the above facts of recognition, the non-party C reached the age of 65 on June 12, 2013 and tried to impose the same as of the date of the closing of argument.

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