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(영문) 서울중앙지방법원 2018.11.16 2017가합570512
회원 자격 확인 등
Text

1. The plaintiff confirms that he is the defendant's director and vice-chairperson.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. 1) The Defendant’s relationship between the Defendant and C is the Safety Control and Business of Liquefied Petroleum Gas Act (hereinafter “Liquefied Petroleum Gas Act”).

(1) Article 50(1) of the Enforcement Decree of the same Act and Article 22(1)3 of the Enforcement Decree of the same Act are liquefied petroleum gas sellers’ organizations. Article 3(2) of the Defendant’s Articles of incorporation provides that “This meeting shall establish a local association in the Special Metropolitan City, Metropolitan City, and Do by a resolution of a general meeting,” and accordingly, the Defendant is a local association as E (hereinafter “E Association”).

(2) C Co., Ltd. (hereinafter referred to as “C”) is a company which has obtained permission for a liquefied petroleum gas sales business under Article 5(2) of the Liquefied Petroleum Gas Act, and is a full member of the Defendant and E Association under Article 7(1) of the Articles of Incorporation of the Defendant and E Association.

B. The Plaintiff: (a) from April 12, 200 to May 1, 2005; (b) from June 28, 2005 to June 27, 2008; (c) from October 15, 2010 to November 26, 2013; (d) from September 13, 2017 to March 6, 2018; and (e) from March 23, 2018 to September 26, 2017, the Plaintiff was the representative director of the Association, who was registered as C’s representative director, from November 26, 2010 to June 27, 2008; and (e) from March 26, 2010 to June 31, 2018; and (e) from March 23, 2018 to March 21, 2013 to the Plaintiff’s representative director of the Association; (e) from March 26, 2018, 2017.

3 The plaintiff was elected as the president of the E Association on November 18, 2004, the date of establishment of the E Association. Accordingly, the defendant was appointed as the ex officio director as the president of the E Association, and he was elected as the vice president of the defendant around that time.

After the election of the above chairperson, the E Association has not held an election to elect a new chairperson.

C. The defendant's assertion against the plaintiff.

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