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(영문) 서울중앙지방법원 2018.01.31 2017가합27414
직무방해금지 등
Text

1. Of the Plaintiff’s lawsuit in this case, the Defendant is reappointed through the procedures for convening the general assembly of C Vice-Chairperson or D auditor.

Reasons

1. Basic facts

A. The defendant is a clan with the aim of promoting friendship among descendants and contributing to the protection, management, and management of the ancestor business and the development of the clan, and the plaintiff is a member of the defendant's clan.

B. The Defendant’s directors, who were held on November 8, 2015, resolved to appoint a president E, vice president F, G, auditor, Plaintiff, and H for a two-year term beginning on January 1, 2016.

C. On November 15, 2015, the Defendant held a general meeting of shareholders, and approximately 30 members were present at the above general meeting of shareholders.

The Speaker reported the details of the appointment of the above officer who was resolved at the temporary meeting on November 8, 2015 at the above general meeting of shareholders, and sought their consent.

The plaintiff cannot agree to the appointment of the above officer, and the voting was requested, but the chairperson declared that the appointment of the above officer did not consent at the general meeting as the meeting was delayed, and declared the closing of the meeting without going through the general meeting.

Article 7 (Fixed Number of Officers) The clan shall have the following officers, and the fixed number of officers shall be as follows:

(1) One chairperson and two vice-chairpersons.

(1) The Chairperson, among descendants of 9 years of age I, shall be elected from among those who are strawed in the house of the President, and vice-chairpersons and auditors shall be elected from among those who have actual ability.

(2) The qualifications of executive officers shall be comprised of male who is 50 years of age or older and a male who is 50 years of age or older and has no voting right thereon between the father and the sibling or between them.

(3) In principle, the chairperson, vice-chairpersons and auditors shall be elected by the board of directors to obtain the consent of the general meeting.

(4) Advisors and auditors shall be selected by a team of persons capable of maintaining both sides of the J, notify the principal thereof, and have an example of standing of the president.

(5) The chairperson shall designate a general meeting with the consent of the general meeting.

Article 12 (Regular General Meeting) The regular meeting of clans shall be held.

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