logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2016.08.26 2015가합7108
총회결의무효확인 등
Text

1. Of the instant lawsuits, the Defendant’s appointment of C and D at the extraordinary general meeting of June 25, 2013 as each director among the instant lawsuits is invalid.

Reasons

1. The facts below the basic facts are either in dispute between the parties or in each entry in Gap evidence 1 to 6, with a comprehensive view to the whole purport of the pleadings.

The defendant is an incorporated association established for the purpose of promoting the interest of the JJ business entities, and the plaintiffs (appointed parties) and the appointed parties are appointed as the defendant's director on September 26, 2012.

B. On December 28, 2012, the Defendant held an extraordinary general meeting and made a resolution of dismissal from office as a director of K, Plaintiff (Appointed Party) and Selection L, M, N,O, P (hereinafter “resolution of dismissal from office as of December 28, 2012”), and made a resolution of dismissal from office as a director by holding an extraordinary general meeting on January 9, 2013 (hereinafter “resolution of dismissal from office as of January 9, 2013”).

C. Q, the Plaintiff (Appointed Party) and the appointed parties filed a lawsuit seeking confirmation of invalidity of the resolution of the general assembly on December 28, 2012 and the resolution of dismissal on January 9, 2013 and the resolution of dismissal on January 9, 2013 and received a favorable judgment on April 11, 2014. The Defendant appealed and appealed, but all of the appeals and appeals were dismissed, and the judgment became final and conclusive.

(However, since Q died on July 17, 2014 during the appellate trial proceeding, the appellate court made a declaration of termination of the lawsuit in respect of Q Q Q’s lawsuit; hereinafter collectively referred to as “relevant judgment”). D.

On June 25, 2013, the Defendant held the special meeting (hereinafter “instant special meeting”) and 12 of the regional headquarters (including X,Y, Z, Z, AA, AB, AC, AD, AE, AE, AF, AF, AH, F, G, H, I, E, and C) were present at the general meeting of this case. A resolution was adopted to appoint E, F, G, H, H, C, I, I, and D as each director (hereinafter “resolution of this case”) at the general meeting of this case with the consent of all members present.

(e) Article 17 (Executives) (1) Any of the following officers of the Association:

1. President: One person;

2. Vice-chairpersons: Not more than five persons;

3. Directors: Not more than 30 persons; and

4. Auditor: two persons.

5.One Secretary-General and one Secretary-General.

arrow