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(영문) 창원지방법원통영지원 2020.05.14 2019가합11056
대의원회결의무효확인
Text

1. All of the plaintiffs' primary claims are dismissed in the lawsuit of this case.

2. The plaintiffs' conjunctive claim.

Reasons

Facts of recognition

The defendant is a district E Association established under the Fisheries Cooperatives Act (hereinafter referred to as "district E Association"), and the defendant's articles of association stipulate that the defendant's executive officers shall have one standing president, one standing director, six non-standing directors, and two auditors, who are three years of office.

Plaintiff

On March 4, 2016, A was elected by the regular board of representatives as a standing director and was appointed on the same day.

Plaintiff

B and C were appointed as the defendant's non-standing director on April 1, 2013, and on March 8, 2017, the defendant's regular council of representatives was again elected as non-standing director, and they were reappointed from April 1, 2017.

On April 26, 2016, the F organization (hereinafter referred to as the “F organization”) designated the Defendant as an association subject to business management as a result of the decline in the management evaluation rating by the Defendant’s loss of KRW 12.55 billion in the year 2015, and thereafter, the head of the F organization, who did not make efforts to improve the management status, did not make efforts to designate the Defendant as an association subject to business management and notified the Defendant of the timely corrective measures on May 24, 2019, as well as to determine the timely corrective measures.

Accordingly, the Defendant prepared the implementation plan for timely corrective measures and submitted the said implementation plan to F by June 21, 2019 after the resolution of the board of directors. To this end, the Defendant intended to hold the 6th board of directors on June 20, 2019 and the 7th board of directors on June 28, 2019 to resolve the “case of submitting the timely corrective measures implementation plan.” However, the Defendant’s directors, including the Plaintiffs, failed to submit the implementation plan within the time limit set by F, in accordance with the fact that each of the above agenda was not resolved by the board of directors.

(B) On July 5, 2019, the Defendant held a board of directors on July 8, 2019 and resolved on the case of submitting an implementation plan for the timely corrective measures. Meanwhile, on the other hand, on July 4, 2019, 34 of the Defendant’s 41 representative is the Defendant.

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