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(영문) 서울동부지방법원 2018.11.07 2018가합938
총회결의안무효확인청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a community credit cooperative established pursuant to the Community Credit Cooperatives Act, and the Plaintiff is a full-time director of the Defendant on March 1, 2015 and currently in office.

B. On March 2, 2018, the Defendant entered the “case of the resolution on the remuneration for full-time executives (time directors) and welfare expenses (draft)” as one of the agenda items, and refers to the “general meeting” rather than the “general meeting” for convenience in this case, as the Defendant actually takes place in lieu of the general meeting pursuant to Article 16 of the Community Credit Cooperatives Act, or the “general meeting” as the both claims.

The notice was given to the defendant's representatives and executive officers.

C. On March 10, 2018, the Defendant held a general meeting in the presence of 64 of the 125 registered representatives.

In addition, after proposing the case of the 2nd agenda for the approval of the payment of the full-time officer (director) remuneration and welfare expenses (director), one of the representatives proposed the amendment to which the total remuneration of the full-time officer (director) is 40,000,000 won per year, the total remuneration was 89,000,000 won per year and all of the amendment to which the original and the above amendment were 89,000 won per year.

As a result of voting by 65 members, including one chairperson, a resolution was passed by the amendment bill with one original one, 42 marks, and 22 marks.

(4) The following matters shall be resolved at a general meeting by a resolution:

6. Determination of business plans and budgets;

8. Other important matters. (1) Except as otherwise provided for in this Act, a general meeting shall be held with the attendance of a majority of all incumbent members, and pass resolutions with the consent of a majority of all incumbent members present.

(3) A general meeting may only make a resolution on matters publicly notified pursuant to Article 15 (2).

Provided, That this shall not apply to urgent matters where there are attendance of a majority of registered members and approval of two-thirds or more of the members present.

Article 15 (Notice to Members) (2) Convocation of a general meeting.

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