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(영문) 대전고등법원(청주) 2017.07.04 2016나12657
회사에 관한 소송
Text

1. Revocation of a judgment of the first instance;

2. On January 30, 2016, the president at the 34th ordinary meeting of the Defendant (Board of Representatives) shall be the president.

Reasons

1. Basic facts

A. The Defendant is a credit cooperative with the number of members established under the Community Credit Cooperatives Act, which covers a group of G-gun and H-gun as its business area exceeds 300.

B. The Defendant: (a) conducted a representative election on November 1, 2013 (hereinafter “instant representative election”) by dividing into seven electoral districts in accordance with the Representative Election Regulations; and (b) appointed 105 of the Defendant’s members as representatives.

C. On January 30, 2016, the Defendant held the 34th board of representatives on January 30, 2016 and held an election of executive officers to elect a new president, etc.

In the election of the chief director of the board of directors (hereinafter “instant election”), a resolution was made to appoint C as a new chief director (hereinafter “resolution of this case”) by obtaining C’s 51 votes, DD 47 votes, and the Plaintiff’s 2 votes, as a result of the Plaintiff’s appearance by 100 of the total number of 105 representatives among the 105 representatives.

E. Relevant statutes in the instant case and the Defendant’s articles of incorporation, rules of representative election, and rules of executive officers are as follows.

Article 11-2 (Lawsuit, etc. for Revocation of Resolutions) (1) A member of the Community Credit Cooperatives Act may file a lawsuit claiming the revocation of a resolution or the invalidation of an election, on the grounds that the procedures for convening a general meeting (including the inaugural general meeting), methods of resolution, details of resolution, or the election of an executive officer violates any statute, any administrative disposition, or the articles of association under any statute.

Article 12 (General Meeting) (4) The following matters shall be subject to a resolution of the General Meeting:

3. The credit cooperative shall have not less than seven but not more than 15 directors, including one chairperson and one vice-chairperson, and not more than three auditors as its executive officers, and the executive officers shall not concurrently hold other positions of the credit cooperative;

(5) Officers shall be elected at a general meeting by secret voting in the name of the general meeting, and the chief director and the vice chief director shall be the persons who have obtained the majority votes in the presence of electors, and the number of executives shall be the fixed number of executives in the order

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