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1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. On April 30, 2008, the founder was elected as the president and auditor for a three-year term at the ordinary meeting of D clans (hereinafter “instant clans”). However, there was an accident that the accounting staff of the instant clan embezzleds KRW 1380 million from March 11, 2005 to December 11, 2009, the founder was responsible for the embezzlement of KRW 1380,000,000, and the appointed person was responsible for the embezzlement, and expressed their intention to resign as the president at the board of directors held on January 7, 2011.
B. The appointed party was elected as the president at the general meeting of the instant clan held on September 27, 2011, but in the case of Seoul Eastern District Court 201Gahap17357, 2012Gahap2864 (Intermediate Confirmation), the decision that “the above special meeting was convened by a person who is not a lawful convening authority, and thus the appointed party is confirmed to be null and void,” was sentenced on June 20, 2012. In the case of Seoul High Court 2012Na5619, 2012Na5626 (Intermediate Confirmation), which is the appellate court of the above judgment, “The appointed party was again elected as the president at the general meeting of the instant clan held on February 5, 2013, to seek confirmation of invalidity of the resolution of the president of the general meeting of this case on September 27, 201, and thus, it became unlawful by the judgment of 201.”
C. In the Seoul High Court case No. 2013Na57100, the lower court sentenced on December 12, 2014 that “The ordinary general meeting held on February 5, 2013, as of February 5, 2013, confirms the invalidity of the resolution elected by the president due to the defect in the convocation procedure.” The final appeal was dismissed, and the said judgment became final and conclusive.
Plaintiff
On June 27, 2016, some members discussed the formation of a normal general meeting holding committee to elect the representative of the clan of this case, and the plaintiff around June 2016 and July 7.