1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. The reasoning for the court’s explanation on this part of the facts is the same as that of the judgment of the court of first instance, and thus, this part is cited by the main text of Article 420 of the Civil Procedure Act

2. Article 15(2) of the Defendant’s Articles of Incorporation provides that the board of representatives shall pass a resolution on all the agenda items presented to the Defendant’s general meeting.

However, although there was no fact that the resolution of dismissal of the Plaintiff was adopted by the board of representatives to present it to the general meeting, the resolution was adopted to present it to the general meeting of the instant special meeting by an unauthorized auditor G. The resolution of appointment of the president of the instant case also was not made by the board of representatives to present it to the general meeting, the fact that the I who was the Speaker pro tempore at the time of the instant special meeting

Therefore, the resolution of dismissal of the president of the instant case and the resolution of appointment of the president of the instant case cannot be deemed to exist lawfully due to serious procedural defects.

3. Judgment on the defendant's assertion

A. Determination as to the legitimate submission of the resolution of dismissal against the plaintiff 1) The defendant's summary auditor G submitted an audit report including the resolution of dismissal against the plaintiff at the council of delegates dated November 18, 2014, and the plaintiff received it, and the resolution of dismissal against the plaintiff was presented to the council of delegates. The above received agenda was in violation of the procedure that the plaintiff did not present it to the council of delegates. In addition, the notice of convening the special meeting of this case was stated in the ordinary meeting of this case as an agenda item, and the above audit report included the resolution of dismissal against the plaintiff. Accordingly, as long as the auditor reported the audit at the special meeting of this case at the general meeting of this case, the defendant's auditor G submitted the report at the council of delegates dated November 18, 2014 (hereinafter referred to as "the council of delegates of this case") and the resolution of dismissal against the plaintiff was submitted.