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(영문) 대구고등법원 2016.08.17 2016나20696
회사에 관한 소송
Text

1. The defendant's appeal is dismissed.

2. Upon the plaintiff's request added at the trial court, the defendant shall be the plaintiff on 28,905.

Reasons

1. Basic facts

A. The Defendant is a community credit cooperative established under the Community Credit Cooperatives Act, and the Plaintiff was elected in a special election for the president of the Defendant on July 17, 2014 and served as the president from July 18, 2014.

B. On February 6, 2015, the Defendant held a general meeting on a regular date, and passed a resolution to reduce the Plaintiff’s principal salary and allowances, and physical training expenses by 50% by the unanimous consent of all the present participants (Evidence A 3; hereinafter “instant resolution”).

C. The Plaintiff filed the instant lawsuit seeking confirmation of invalidity of the instant resolution on August 10, 2015, and the Defendant held an extraordinary general meeting on October 8, 2015 and resolved to dismiss the Plaintiff from the Defendant’s president.

[1] Article 18 (Appointment, etc. of Officers) (1) of the Community Credit Cooperatives Act shall have not less than seven and not more than 15 directors, including one chairperson and one vice-chairperson, and not more than three auditors as executive officers of a credit cooperative, and the executive officers shall not concurrently hold another office of the credit cooperative.

(2) In cases of a credit cooperative prescribed by Presidential Decree, it may have at least one of its executives as a full-time executive officers, in consideration of the scale of its assets, financial structure, etc., as prescribed by the articles of incorporation, however, the number of its full-time executives shall not exceed two of the directors including the chairperson, and one of

(7) Executive officers of a credit cooperative shall serve without pay.

Provided, That benefits may be paid to full-time executives pursuant to paragraph (2).

(8) Except as otherwise provided for in this Act, necessary matters concerning methods and procedures for appointing executives shall be prescribed by the articles of association.

Article 19 (Executives and Employees) (2) The president shall preside over a general meeting and the board of directors.

(3) Where the chief director has a job or accident, a vice chief director, and where there is an accident, a director determined by the board of directors shall act on behalf of the chief director.

Provided, That when the Chairperson is detained by the Chairperson or there is no time to convene a general meeting due to long-term hospitalization for at least 60 days, the Chairperson shall be an executive.

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