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(영문) 서울북부지방법원 2016.12.20 2016나31433
횡령금 반환
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal are assessed against C as the representative of the Plaintiff.

purport, purport, and.

Reasons

1. The reasoning for the court’s explanation of the instant case is as stated in the reasoning of the judgment of the first instance, except where the plaintiff added the judgment as set forth in paragraph (2) below to the new argument made at the trial of the first instance, and thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional matters to be determined;

A. On May 13, 2016, the Plaintiff held a general meeting on May 13, 2016 and elected C as the Plaintiff’s president while 77 of the Plaintiff’s members present at the meeting. As such, C acquired the Plaintiff’s lawful representative’s qualification.

B. The Plaintiff’s general assembly on May 13, 2016, as seen below, was convened by a person with legitimate authority.

It is difficult to see that a notice of convening a convening general meeting has no effect on May 13, 2016.

1) The representative of a clan shall be appointed according to the rules or special practices of the clan, and if there is no such rules or practices, the head of the clan or the head of the Dong shall convene and elect persons of age or older among the members of the clan; the head of the clan or the head of the Dong shall not be appointed by the head of the clan or the head of the Gu; the current head of the Gu or the head of the Gu shall notify the members of the clan who are obvious that they have been residing in Korea and have been living in Korea and shall convene a clan general meeting, and the appointment of the representative of the clan at the meeting is common customs, and it is necessary for the members of the clan to select their representative regarding the management or disposition of the property of the clan, and if the convening of the clan requests legitimate convening authority to convene a clan general meeting but fails to convene it without justifiable reasons, the person who has the right to convene the clan or

(see, e.g., Supreme Court Decision 2009Da26596, Dec. 9, 2010). (B) In light of the foregoing legal doctrine, the case of this case is based on the health care unit and evidence No. 13, and C.

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