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(영문) 대구지방법원 2018.07.04 2018나301914
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court’s explanation of this case is as follows, except for the part of the court’s determination as to the Plaintiff’s assertion added under paragraph (2) below, and therefore, it is consistent with the reasoning of the judgment of the court of first instance. Thus, this is acceptable pursuant to the main sentence of

2. Additional determination

A. On November 6, 2016, among the gists of the Plaintiff’s assertion, the Plaintiff’s text revised the door-to-door statute to hold an ordinary general meeting on October 1 of each year at the ordinary general meeting held on November 6, 2016, and on November 6, 2016, it is obvious that the Plaintiff’s text is the first week on October 1, 201, and thus, the resolution made at the general meeting held on November 6, 2016 is lawful.

B. As seen earlier, a general meeting held on November 6, 2016 has no effect as an ordinary meeting, and there is no evidence to acknowledge that a legitimate procedure for convening a convocation notice was conducted for the holding of the general meeting, and so long as the resolution adopted at the above general meeting is unlawful and invalid, even if the resolution was made by the above general meeting to revise the door-to-door Code to change the date of the general meeting to the first day of October every year, the above resolution is invalid, and it cannot be deemed that the general meeting held without the initial convocation notice was lawful as an ordinary meeting ex post facto, and it cannot be deemed that the validity of various resolutions adopted at the general meeting is ratified.

Therefore, the plaintiff's above assertion is without merit.

3. Thus, the plaintiff's lawsuit of this case is dismissed as it is unlawful, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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