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(영문) 창원지방법원 2019.09.05 2019가합50994
총회결의무효확인
Text

1. The part of the instant lawsuit dismissing the claim for nullification of the resolution of appointment of auditors.

2. The Defendant holds a meeting on March 30, 2018.

Reasons

(c) A person who owns a store may, if necessary, be present as an associate member;

Article 22 (Method of Resolutions at General Meeting) (1) A general meeting shall be held with attendance of a majority of its members, and pass a resolution with the consent of

(2) Emergency cases requested by the board of directors may be resolved in writing.

Article 24 (Exercise of Voting Rights and Representation for Voting Rights) (1) Members shall have one vote and one vote respectively.

(2) A member may, only in extenuating circumstances, exercise his/her voting right in writing or by proxy only on the agenda notified in advance.

No voting shall be represented with respect to the election or dismissal of an officer.

(3) A person who is entitled to become an agent shall be a member of a merchants' association.

(4) The number of members whom a proxy may represent shall be limited to only one person.

(5) An agent shall submit documents proving that he/she is a proxy.

Article 28 (Election of Officers) (1) The president shall be elected at a general meeting from among regular members, and shall be ex officio directors.

* or the chairman shall be elected by the board of directors.

Article 30 (Term of Office of Officers) (1) The term of office of officers shall be three years, and the term of office shall begin from the date of election, unless a separate provision or a resolution of the board of directors has been adopted, and the kinds thereof shall continue until

[Ground of Fact-finding] The fact that there is no dispute, Gap evidence 1310, Eul evidence 2 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. In order to seek confirmation of invalidity of a resolution for appointment of a person who had been appointed as an officer, such as a director or auditor of the organization, but has already been dismissed or resigned after resignation, there is no benefit in action to seek confirmation of the past legal relationship or legal relationship.

According to the statement in Gap evidence No. 8, F, appointed as auditor by the resolution of the general meeting of this case, is recognized as having resigned on December 28, 2018, and thus, during the lawsuit of this case.

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