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(영문) 대구지방법원포항지원 2015.10.13 2015가합40338
회사에 관한 소송
Text

1. Of the instant lawsuit, the Defendant’s entry in [Attachment 1] Nos. 3 and 2, as stated in the Assembly on February 26, 2015, in the attached Tables 1 and 3.

Reasons

1. Facts of recognition;

A. Relevant Defendant is a cooperative established by landowners for the implementation of an urban development project B under the Urban Development Act. The Plaintiff is a Defendant’s member, who was run for the election of the president of a cooperative conducted by the general assembly on February 26, 2015.

B. On January 26, 2015, C, who was acting as the head of the Defendant’s union member’s general meeting, notified the Defendant’s union members to hold a general meeting of the union by holding each agenda item listed in the [Attachment 1] and “4. Other resolutions, etc.” according to the above notification, a general meeting of the Defendant’s association (hereinafter “instant general meeting”) was held at the meeting room of the 5th floor, North-Gu, North Korea-gu, Dong-gu, 2015.

C. At the time of the opening of the instant general meeting, 143 of 224 members (including those delegated with voting rights by members) were present at the opening of the instant general meeting, and C decided to proceed with the meeting as the president before the president was elected. The F, who was delegated with voting rights by members E, retired from the meeting of the Defendant, proposed a proposal to remove the non-members from the meeting, and carried out the role of social welfare, and C was also temporarily set out and returned to the meeting place.

Of the 118 votes (including 3 votes invalid) held by G and Plaintiff, the Plaintiff was elected as the president of G by obtaining 5 votes and 60 votes from the Plaintiff among the 118 votes (including 1.2 votes in attached Table 1), in the election of the president of the partnership and the auditor (related to the 1.2 votes in attached Table 1), and in the election of the president of the association and the auditor, H and I were elected by obtaining the consent of 98 voters out of 100 voters by means of a large vote.

E. The resolution of the remaining agenda (related to each agenda listed in attached Tables 3 and 2) and other agenda items listed in attached Table 1 list 3, such as the selection of the contractor, were rejected, and part of the same day.

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