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(영문) 서울고등법원 2018.05.10 2017나2061264
대의원회의결의무효 확인의 소
Text

1. Revocation of the first instance judgment.

2. All plaintiffs' claims are dismissed.

3. Total costs of litigation are assessed against the Plaintiffs.

Reasons

1. The reasoning for the court’s explanation concerning this case is as stated in the first instance court’s reasoning, except for the parts which are dismissed or added as stated in the second instance court’s decision, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Forms 4, 18, 5, and 2 of the decision of the court of first instance shall be corrected or added as follows:

H. On December 23, 2011, the first trial decision and the second trial decision (A3-1) of the instant action related to the instant vicarious execution contract (A3-1) of the Defendant’s board of representatives adopted a resolution on December 23, 2011 regarding “an agenda on which the Defendant received contributions from its members to secure business funds, etc.” The Plaintiff F filed a lawsuit against the Defendant for confirmation of invalidation of the said resolution under the Suwon District Court Lanwon District Court 2012Gahap8555, and on August 30, 2012, the first trial that accepted the claim for confirmation of invalidity thereof was sentenced to the judgment of the court of first instance that accepted the appeal (Seoul High Court 2012Na7507) and the dismissal of appeal (Supreme Court 2013Da43130), and the Defendant’s board of representatives, which was calculated on May 29, 2014 as the highest interest rate for each member’s loans to be returned to each of the instant district court 20130 per annum2530.

- - A resolution to increase the project cost for the modification of the project cost of the instant Enforcement Contract Approval Resolution 173134 No. 1734, which entered into with the report on the selection of an agent for the implementation of the 271 178 124 3 (business) amendment of the articles of association and the detailed rules of the Association, which entered into with the title 1, 2013 and 2014, with the assent of the total number of members (name) present at the meeting.

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