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Reasons
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(영문) 전주지방법원남원지원 2015.04.30 2014가합1063
조합원총회결의 무효 확인 청구
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1. A resolution on each agenda indicated in the separate sheet at an extraordinary general meeting of the union members held by the Defendant on November 9, 2014.

Reasons

1. Basic facts

A. On October 1, 1994, the Defendant was established by the Dong K and is currently working as the representative director, and the Plaintiff B, C, D, E, and F had the Defendant’s shares in the partnership. The Plaintiff acquired the net K’s heir, Plaintiff G, H, and I’s shares in the partnership.

B. On November 28, 2013, the Defendant held a general meeting of partners (hereinafter “first general meeting”) and resolved to elect L’s wife M from 2,300 to 42,13 shares of investment, and to change the Defendant’s amount of investment from 230,000 to 421,130,000 won.

C. On April 9, 2014, the Plaintiff filed the instant lawsuit with respect to the resolution of the first general meeting, and subsequently made a diversified investment that invalidated the resolution of the said general meeting; the Defendant, on July 20, 2014, held a general meeting of partners (hereinafter “the second general meeting”) and made a resolution to ratification the resolution of the first general meeting.

However, on November 9, 2014, the Plaintiff: (a) recognized that the resolution of the second general meeting is null and void; (b) held a general meeting of union members (hereinafter “third general meeting”); and (c) made a resolution as to each item on the agenda indicated in the separate list (hereinafter “instant resolution”); (d) the details of the resolution are as follows.

① Recognizing that Plaintiff A succeeds to all of the shares of Plaintiff B, C, D, and E, and approving that Plaintiff B and members N,O, P, Q, Q, S, T, and U’s shares are transferred to Plaintiff B, and that Plaintiff B, C, D, and E’s shares are transferred to Party B, to Party B, to Party B, and to Party A, respectively.

(2) Members of M and AC shall be approved.

(3) The defendant's director M and the auditor shall be appointed AC, respectively.

(4) With respect to L, 284,40,00 won, 16,800,000 won for M shall be confirmed as unpaid benefits, and shall be paid to M.

(5) Rents for vehicles, etc. raised against the defendant.

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