logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.06.03 2014가합574421
총회결의 효력정지
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The summary of the case is that the plaintiff is a member of the defendant corporation and seeks confirmation of invalidity on August 29, 2014 on the ground that the resolution of the general meeting was procedural defect.

On March 2012, 2012, the background leading up to the appointment of the president in 2013, and the term of office of C, who served as the chairperson of the defendant in 2012 and 2013 of the plaintiff in the related lawsuit, has expired on or around March 2012, the defendant corporation held the 44th general meeting on March 29, 2012 and decided to substitute the president to the Collegiate Committee. On April 2, 2012, the chairperson Collegiate Committee appointed the plaintiff as the president on April 2, 2012.

On February 6, 2013, the defendant corporation held the first board of directors in 2013 due to the progress of the plaintiff, a new president, and resolved to re-consign the plaintiff as the president.

On March 1, 2013, at the 45th regular meeting of March 1, 2013, a resolution was passed to accept the resolution of the board of directors in February 6, 2013, which re-appointed the plaintiff as the president.

D, a member of the defendant corporation, filed a lawsuit seeking confirmation of invalidity of appointment of the president, etc. of the defendant corporation against the defendant at the Seoul Central District Court (Seoul Central District Court 2012Gahap60263), and filed an application for a provisional disposition seeking suspension of the plaintiff's duties. On September 26, 2013, the appellate court rendered a provisional disposition order (Seoul High Court 2013Ra447) stating that "the respondent (the plaintiff in this case) shall not perform his duties until the judgment of the principal case becomes final and conclusive)." On September 12, 2013, the appellate court made a provisional disposition order (Seoul High Court 2013Ra47) stating that "The respondent (the plaintiff in this case) shall not perform his duties." On March 29, 2013, at the fourth regular meeting on March 44, 2012, the committee for confirmation of invalidity of appointment of the president in this case consist of three candidates for the president, A (the plaintiff) chairperson three, the president of the plaintiff 2, and the plaintiff 25.

arrow