(영문) 인천지방법원 2019.01.11 2017가합62258

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(영문) 인천지방법원 2019.01.11 2017가합62258

총회 결의 부존재 확인 등

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1. It is confirmed that each resolution entered in the Defendant’s separate list does not exist.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. The defendant is an incorporated association under the Civil Act established on April 7, 2005 after obtaining permission for establishment from the Commissioner General of the Korea Coast Guard who is the competent authority on March 29, 2005 for the purpose of rescue and salvage activities through prompt personnel support activities in disaster areas.

B. Registration of the Defendant’s appointment of directors and restriction on the power of representation was completed 1) : (a) the minutes of the general meeting of partners (No. 7) stating that “three of the four members of the Defendant shall be appointed as directors at the meeting of the Defendant on June 11, 2013, at the meeting of the Defendant; (b) the minutes of the board of directors stating that “five of the five directors of the Defendant shall be elected as directors (referring to “B” under the Defendant’s articles of incorporation) while attending the meeting of the Defendant on June 11, 2013; (c) three of the five members of the Defendant shall be appointed as directors at the meeting of the Defendant on April 14, 2016; and (d) the minutes of the board of directors stating that “No. 8 shall be registered as directors at the meeting of the Defendant on June 12, 2013; and (d) three of the five members of the Defendant’s general meeting of members shall be prepared as a resolution to appoint directors at the meeting of the Defendant’s general members.”

3) Meanwhile, the minutes of the general meeting of members (Evidence A No. 13-2) stating that “three of the five employees of the Defendant among the five members present at the Defendant’s general meeting on June 11, 2016, resolved to appoint a director D or C, the term of office of which expires while the Defendant was present at the Defendant’s general meeting of members,” and registration was completed on June 24, 2016 on the register of the Defendant corporation. (C) Of the content of the Defendant’s articles of incorporation, the part related to the instant case in the Defendant’s articles of incorporation is as follows.

4. Where he/she fails to pay membership fees for at least six months.

7. Resolutions on the expulsion of members shall be made with the attendance of not less than 1/2 of the board of directors and the concurrent vote of a majority of the members present.

Article 26 (Appointment of Officers)

1. Directors and auditors shall be appointed by the chief director elected at a general meeting and recommended for recommendation;

2. The chief director and.

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