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(영문) 서울서부지방법원 2016.10.19 2016가합31039
대의원총회결의 무효확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Defendant is an incorporated association established with the aim of protecting the rights and interests of D, promoting mutual exchange among its members, and facilitating management of neighboring rights and legitimate distribution, thereby contributing to the development of E.

B. 1) On October 13, 2015, C is the Defendant’s corporate member, a representative, F Co., Ltd. (hereinafter “F”).

A) A joint representative director was appointed on November 20 of the same year, F filed an application for change of registration information with respect to the Defendant, that the Defendant’s representative authority of F was exercised by C. 2) At the 8th provisional representative meeting held by the Defendant on January 27, 2016, C was elected as the Defendant’s president at the 8th provisional representative meeting held by C, among four candidates for president.

(hereinafter referred to as "the Resolution of the General Meeting of Representatives of this case"). Article 6 (Composition of Members) of the Articles of Incorporation shall be composed of the following members of the Association:

1. Regular members: The persons who have concluded a trust contract with the Association, persons who have the right to compensation for D under copyright-related Acts and subordinate statutes, and who have joined as members in accordance with the witness standards and procedures under Article 5, shall be classified into juristic persons

Article 11 (Classification and Fixed Number of Officers) (1) The Association shall have the following officers:

1. Six directors (including the president, vice-chairpersons, managing directors, and outside directors);

2. Three auditors. (2) One auditor shall be the Chairperson, and the Chairperson shall be the representative of the Association;

(5) Executives shall be appointed by the Minister of Culture, Sports and Tourism with the approval of the Minister.

Article 12 (Election of Officers) (1) The Chairperson (Representative Directors) shall be elected from among the representatives who have concluded a trust contract with the Association at the General Meeting of Representatives.

Article 14 (Restrictions on Appointment of Executives) Any person who falls under any of the following subparagraphs shall not become an executive:

6. A representative under Article 23 (Rights of Representatives) who does not fall within the upper limit of 1,00 of the total amount of distribution for one year preceding the year in which an officer is elected, shall be present at the representative general meeting of delegates and shall be entitled to vote, suffrage, and eligibility for election for the matters provided for in Article 37 of the Articles of incorporation;

§ 37. Congress of delegates.

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