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(영문) 부산지방법원 2015.05.20 2014가합48562
회사에 관한 소송
Text

1. On October 4, 2013, the decision that the Defendant dismissed the Plaintiff from the president at the Extraordinary General Meeting of Representatives is null and void.

Reasons

Basic Facts

The plaintiff, while holding office as the president of the defendant, was dismissed by the provisional representative meeting of the defendant on October 4, 2013 (hereinafter referred to as "temporary representative meeting of this case"), and the defendant is a financial institution established under the Community Credit Cooperatives Act for the purpose of credit business, etc.

The defendant opened a general meeting of the provisional representatives of this case and passed a resolution to dismiss the plaintiff from the chairperson of the defendant (hereinafter referred to as "the resolution of dismissal of this case") with 68 persons from among 123 persons registered at the general meeting of the representatives of this case, 46 persons, 8 persons opposing the defendant, and 14 persons representing the right of refusal. When the dismissal of the executive of this case is decided at the general meeting of the general meeting of the representatives, the plaintiff was dismissed on October 4, 2013 pursuant to Article 41(3) of the defendant's articles

Among the defendant's articles of incorporation, the main contents related to the resolution to dismiss the executive of this case are as follows.

(4) The following matters shall be decided by a resolution of a general meeting:

3. Except as otherwise provided 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;

Article 14 (Request for Convocation of General Meeting) (1) Members may request the president to call an extraordinary general meeting by submitting a document stating the purpose of and reasons for the meeting with the consent of at least one-third of the members and signing and sealing thereon.

(2) The president shall hold a general meeting within two weeks from the date on which a request is made under paragraph (1).

(3) If no person is entitled to convene a general meeting or the president does not hold a general meeting within the period specified in paragraph (2) without justifiable grounds, the auditor shall convene the general meeting within five days. In such cases, the auditor shall act for the president.

(4) If an auditor fails to convene a general meeting within the period set forth in paragraph (3), the representative of a member who demands the convocation of a general meeting under paragraph (1) shall hold such general meeting.

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