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(영문) 대구지방법원 2019.07.04 2018가합2121
임시총회결의무효확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The status of the parties is a juristic person with the purpose of promoting the sound development of the industry and contributing to the construction of a welfare society in cooperation with the mutual friendship and unity between the members by obtaining a license for private taxi transport business in B and consisting of persons who have joined the defendant. The plaintiff is a member of the defendant who has acquired a license for private taxi transport business in D.

B. The Defendant’s D Branch (hereinafter “instant Branch”) on November 7, 2014, 1) E is the Defendant’s D Branch (hereinafter “instant Branch”).

F, a member of the instant branch, claimed the invalidation of the said decision, and filed a lawsuit seeking nullification of the election against the instant branch, and the first instance court rendered a judgment dismissing F’s claim (Supreme Court Decision 2015Gahap26 Decided September 1, 2015), but the appellate court rendered a judgment (Seoul High Court Decision 2015Na284 Decided June 16, 2016) that confirmed E’s election becomes null and void upon F’s request, and the said appellate court’s judgment became final and conclusive by the Supreme Court’s dismissal of the appeal (Supreme Court Decision 2016Da2938 Decided November 25, 2016) and declared that E’s election of the head of the instant branch, among the operating members of the instant branch, was disqualified as the president of the instant branch (Supreme Court Decision 2016Da29388 Decided 25, 2016) and notified that E’s election of the chairperson and the president of the instant branch, 2016.

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