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(영문) 서울중앙지방법원 2015.07.03 2014가합42597
임시총회결의무효확인
Text

1. The defendant (Counterclaim plaintiff) shall dismiss the counterclaim;

2. C, D, E, F at the special meeting of the Defendant-Counterclaim Plaintiff on April 30, 2013.

Reasons

1. Basic facts

A. On December 7, 1970, the Defendant is a juristic person established with the purpose of actively participating in the society and economic life of young generations based on L, leading them to voluntary volunteer activities, and supporting the domestic volunteer program on the basis of their intent.

The plaintiff was appointed as a director with the defendant's power of representation on October 4, 2012, and was dismissed from office at an extraordinary general meeting of April 30, 2013.

B. As of October 4, 2012, the minutes of the extraordinary general meeting were prepared to the effect that the Defendant’s extraordinary general meeting was held, and the resolution for appointing the Plaintiff, I, J, and K was made.

(hereinafter “Special General Meeting” as of October 4, 2012. (c) as of April 30, 2013, the minutes of the Special General Meeting were prepared to the effect that the Defendant’s special meeting was held and the appointment of C, D, E, F, G, and H was made, and the resolution to dismiss the Plaintiff, I, J, and K was made by directors (hereinafter “Special General Meeting”).

The provisions pertaining to this case in the defendant's articles of incorporation are as follows:

Article 10 (Composition of Board of Directors)

2. The appointment of directors shall be made by a new senior member at the general meeting of members present at the Governor or the president, and at least 1/2 of the total number of existing members and by an unanimous appointment for the number of present members;

A person who has been appointed as a director shall be an ex officio director.

However, directors shall serve without pay.

3. Removal of directors may be effected by being present at the general meeting of members present at the Governor or the president, at least 2/3 of the total number of members and by being dismissed as the full-time officer of the number of members present;

Article 11 (Meetings)

1. Regular meetings shall be held once every six months, and extraordinary meetings shall be held whenever deemed necessary for the operation of this Section;

2. Regular meetings and extraordinary meetings shall be convened by the agreement of the governor and the chairman;

Provided, That this shall be convened at the request of a majority of directors and at the request of a resolution of the officers.

Article 13 (Term of Office)

2. The terms of office of the governor, president and directors shall be five years, and that of the auditor, two years;

Chapter 9.

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