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(영문) 부산지방법원 2016.11.09 2016가합663
총회결의무효확인
Text

1. The Defendant’s extraordinary general meeting of October 13, 2015 as the Chairperson, E, and F as the Auditor, G, H, I, J, K, L, and M, respectively.

Reasons

1. Basic facts

A. The Defendant is an incorporated association established on September 29, 2014 after obtaining permission for establishment on September 11, 2014 for the purpose of facilitating social activities and facilitating management of clothing repair workers and employees related to clothing, and is the Defendant’s member.

B. The Defendant’s establishment promotion committee held an inaugural general meeting on June 17, 2014 and elected NN as the president, as the auditor, D, M,O, G, and J respectively.

C. N, the chairperson of the Defendant, changed the term of validity of the initial executive officer into December 31, 2015, and referred the term of the new executive officer from January 1, 2016 to December 31, 2018 (hereinafter “instant case”) to the extraordinary general meeting. Accordingly, the Defendant’s extraordinary general meeting (hereinafter “instant special meeting”) held on October 13, 2015, held on October 13, 2015, passed a resolution approving the instant case with the consent of all members present at the meeting, and conducted the instant election at which D, E, and F, as the chairperson, was elected as the auditor, G, H, I, J, K, K, P, L, and M.

The articles of incorporation and election management regulations of a defendant corporation are as follows.

【Articles of Incorporation” Article 12 (Executive Officers) The Defendant shall have the following executive officers, and the president of the Association shall be appointed from among the directors, and the executive directors may have one-half by resolution of the board of directors:

(1) The president of the Association: One president: two or less vice presidents; three directors: not more than 20 (including the president of the Association and the vice presidents). (4) The election of the defendant officers shall be elected at a general meeting.

The detailed details of election shall be prepared and implemented.

Article 14 (Term of Office of Officers)

(1) The term of office of the president and directors shall be three years, and that of the auditor, two years.

(2) The term of office of an officer appointed by the general meeting when a vacancy occurs during the term of office of an officer shall be the remaining term of his predecessor.

Provided, That in the case of the first executive of the Association, such officer.

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