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(영문) 창원지방법원밀양지원 2016.07.28 2016가합10109
총회결의무효확인
Text

1. Ascertainment that the Defendant’s resolution at an extraordinary general meeting of November 30, 2015 is invalid.

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

Reasons

1. Facts of recognition;

A. The defendant is an incorporated farming association established on August 1, 1994 for the purpose of improving the productivity of agriculture and fisheries and increasing its members' income pursuant to the old Act on the Special Measures for Development of Agricultural and Fishing Villages (amended by Act No. 4781 of Aug. 3, 1994, and repealed by Article 2 of the Addenda of the Framework Act on Agriculture and Fisheries, Rural Community and Food Industry (Act No. 9717 of May 27, 2009).

The plaintiff is elected as a director at the general meeting of the members of the defendant on May 11, 2011 and is appointed as a representative director and a director on the same day.

B. 1) C filed a lawsuit seeking confirmation of non-existence of the resolution of the general meeting as of May 11, 201, against the Defendant, as of this court 2015Gahap303, and filed an application against the Plaintiff, etc. for suspension of performance of duties and provisional disposition of appointment of acting director under this court 2015Kahap56. 2) C was rendered a favorable judgment in the instant lawsuit on October 2, 2015. On the same day, C was determined in the instant provisional disposition case, that “the Plaintiff shall not perform the duties of the Defendant’s representative director and director until the judgment on the merits became final and conclusive, and C was appointed as the acting representative during the period of suspension of performance of duties as the representative.”

On October 27, 2015, the judgment of the first instance court on the lawsuit on the merits became final and conclusive.

C. On November 30, 2015, C convened an extraordinary general meeting (hereinafter “instant general meeting”), and C was elected as the Defendant’s representative director at the said general meeting.

The contents of this case in the defendant's articles of incorporation are as follows.

Article 36 (Number of Officers) This Corporation shall have officers falling under any of the following subparagraphs:

1) The officers of Article 37 (Election of Officers) shall be elected from among the members (standing and full-time employees) by the resolution of the General Assembly, and may be employed and dismissed by the representative director as necessary.

Article 48 (Convocation of General Meeting) 2) An extraordinary meeting shall be convened by the representative director when there is a request to convene more than 1/3 of members or when the board of directors deems it necessary, or when the representative director deems it necessary.

3. The auditors shall be as follows:

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