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(영문) 대전고등법원(청주) 2017.07.18 2016나12756
총회결의부존재확인
Text

1. Revocation of a judgment of the first instance;

2. The Plaintiff at the special meeting of the Defendant on August 22, 2015, at the director and the chief director.

Reasons

1. Basic facts

A. The defendant is a cooperative established for the promotion of the welfare of its members, mutual aid and the balanced development of the national economy in accordance with the Framework Act on Cooperatives, and the plaintiff is a person who has served as the chief director since the establishment of the defendant.

B. On March 2015, the Plaintiff was detained on the charge that he/she acquired money from G by taking advantage of the status of the Defendant president.

Accordingly, the Defendant’s non-party C and 11, who were the members of the Cheongju District Court, filed an application for permission to convene an extraordinary general meeting with the intent of meeting “not to dismiss the president or officers of the association, and not to elect officers” as the Cheongju District Court 2015 non-conforming9. On July 31, 2015, the said court designated the chairman of the extraordinary general meeting

C. On August 22, 2015, C held an extraordinary general meeting (hereinafter “instant general meeting”) according to the permission to convene the said extraordinary general meeting. Members present at the instant general meeting are dismissed from office, and C made a resolution to appoint the Defendant’s chief director, D, E as the Defendant’s director, and F as the Defendant’s auditor (hereinafter “instant resolution”). The minutes of the instant general meeting include 29 of the Defendant’s total number of 50 members present at the instant general meeting.

The defendant's articles of incorporation concerning the general assembly and resolution of this case are as follows.

Article 13 (Withdrawal) (1) Members of a cooperative may withdraw from the cooperative by giving notice.

(2) A member shall automatically withdraw from a cooperative in any of the following cases:

1. If a member becomes disqualified, such as transfer of membership;

2. In cases of death, the president shall notify each member of the objectives, agenda, date, time, and place of the general meeting by no later than seven days before the general meeting is held.

Article 32 (Proceedings of General Meeting) (1) Except as otherwise provided in Acts and subordinate statutes, the general meeting shall be held with attendance of a majority of all partners and present.

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