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(영문) 서울동부지방법원 2014.11.25 2014가합6082
정기총회절차무효청구
Text

1. The defendant confirms that a resolution made at the ordinary meeting of the year 2014 on February 27, 2014 is null and void.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The Defendant is an organization established with the aim of promoting the cooperative system among partners and the promotion of joint welfare and the sound growth and development as a public project with respect to C chartered bus transportation business, and the Plaintiffs are the Defendant’s members.

B. On February 2014, the Defendant sent to the Defendant’s members a letter of public notice on the opening of and guidance for attending the general meeting of 2014 (hereinafter “instant general meeting”) at the Defendant’s meeting (hereinafter “instant general meeting”), and announced the Defendant that “if it is impracticable to attend the meeting with the thickness of the representative director, the delegation of the letter of delegation (the delegation of the letter of delegation or the delegation of the proxy stand) in the separate form shall be sent to the Cooperative fax (D). In the case of an agent’s attending the meeting, the agent directly carried the power of attorney on the day of the general meeting and fax.” Of the letter of delegation in the separate form, the Defendant stated that “I shall delegate all voting rights on all bills presented at the Defendant’s general meeting (the president of the Association)” to the Speaker.

C. Around 11:00 on February 27, 2014, the Defendant held the instant ordinary meeting at the F 12 higher conference in Songpa-gu Seoul, Songpa-gu. At the instant ordinary meeting, the Defendant resolved on the matters concerning the approval of the annual business report and settlement of accounts in 2013, “matters concerning the approval of the business plan and budget (draft) in 2014,” and “matters concerning the appointment of auditors” (hereinafter “each agenda of this case”).

The minutes of the instant ordinary meeting (hereinafter referred to as the “Minutes”) include: (a) 45 of the total number of 80 members (including 20 of the members who delegated voting rights to G who are the president) were present at the instant ordinary meeting; (b) as the original plan, the “business report and settlement of accounts in 2013,” and “business plan and budget in 2014” were approved; (c) H I representatives and K representatives of J as new auditors; and (d) as to the disclosure of the member list delegated voting rights to the Speaker.

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