logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2018.07.05 2017가합207530
이사 및 감사 선임결의 무효확인
Text

1. The Plaintiffs and the Defendant are directors of the Intervenor G, H, I, and M at an extraordinary general meeting on August 16, 2017.

Reasons

1. Basic facts, relevant statutes, etc.;

A. The defendant is a legal entity established pursuant to the Framework Act on Cooperatives for the purpose of the taxi passenger transportation business, etc., and the plaintiffs and independent party intervenors (hereinafter " intervenors") are the defendant's members.

B. On July 17, 2017, 102 Defendant H members, including the Intervenor H, demanded the Defendant president to call an extraordinary general meeting on the agenda of ① dismissal of a director or auditor (director, P, and Q), ② liability for damages of directors and auditors, ③ appointment of directors and auditors (director, five directors, two auditors) and ④ election method and procedure.

C. On August 16, 2017, the Defendant chief director held the Defendant’s extraordinary general meeting (hereinafter “instant general meeting”) on the following matters: (a) the case of dismissal of directors and auditors; (b) the case of appointment of directors and auditors; (c) the case of expulsion of members; and (iv) the case of other discussions.

The general meeting of this case attended 149 persons, among the 215 members of the defendant association, who are a majority of the 215 members, and resolved to dismiss directors P,O, and Q. At that place, N, R, S, and Intervenor H, I, G, and J were recommended as candidates for directors, and the Intervenor H, I, G, J, and N were elected among them through voting. T, U, and L, and K were recommended as candidates for auditors, and then elected as auditors and K were elected among them through voting.

(hereinafter the above resolution on the appointment of directors and the appointment of auditors is referred to as the “instant resolution”).

The provisions of the relevant Acts and subordinate statutes, articles of incorporation, etc. concerning the election of executives of the defendant are as shown in the attached

[Ground of recognition] Facts without dispute, Gap 1, 2, 24, 25, 50, 57 evidence (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul 4, 9, 13, 14 evidence, Byung 4, 9, 13, 14 evidence, and the purport of the whole oral argument

2. Determination on the main claim

A. In a case where there is a reason in violation of the law in the election procedure of the relevant legal doctrine, the relevant election does not become null and void solely on the basis of the reason.

arrow