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(영문) 창원지방법원진주지원 2019.01.16 2018가합10961
임시총회결의무효확인
Text

1. Of the instant lawsuits, the representative director and directors A, directors C, and auditors D, each of whom was conducted by the Defendant at an extraordinary general meeting on January 9, 2018.

Reasons

1. Facts of recognition;

A. The status of the parties is the agricultural partnership established pursuant to the Act on Fostering and Supporting Agricultural and Fisheries Enterprises for the purpose of conducting business related to group cultivation and joint work. The Plaintiff is the Defendant’s member, who was appointed as the representative director and the director according to the resolution of special general meeting of January 11, 2017.

B. On January 11, 2017, the Defendant passed a resolution on the special general meeting and the litigation related thereto 1) on January 11, 2017, with the following resolution at the special general meeting (hereinafter “instant prior resolution”).

(2) On November 30, 2017, the Defendant filed a lawsuit seeking confirmation of invalidity of the instant prior resolution on the ground that the number of units 15,00 units of investment in the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge

The Defendant appealed from Busan High Court (original High Court) 2018Na10084, but the appeal was dismissed on July 19, 2018. The Defendant appealed from Supreme Court Decision 2018Da26014 Decided November 29, 2018, but the appeal was dismissed on November 30, 2018 and became final and conclusive on November 30, 2018.

(C) On June 16, 2017, pursuant to F’s application for provisional disposition of suspending the performance of duties against A, C, and D (C), I was appointed as an acting representative of the Defendant representative director on December 14, 2017. I filed an application for permission of an act other than a regular director on convening an extraordinary general meeting for the purpose of a meeting of the representative director, directors, and auditors on December 14, 2017 (C) (C) and the said court rendered a decision of permission on January 3, 2018 on January 3, 2018 by the Busan High Court (C), D, and J dissatisfied with this decision as the Busan High Court (C) (C) (C).

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