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(영문) 수원지방법원 2015.04.10 2014가합64298
임시총회결의 무효확인
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 2, 2013, L, an executive officer of the Defendant Union, announced that the Plaintiff held an extraordinary general meeting of the association as an agent for the president of the association.

Accordingly, on December 17, 2013, the Defendant Union held an extraordinary general meeting of the Defendant Union on the 4th floor of the wife population of the Republic of Korea, and the above general meeting passed a resolution on the agenda items stated in the attached Table 1, including a resolution dismissing the Plaintiff A from the partnership head and selecting M as the partnership head.

(hereinafter the above special meeting is “the first special meeting of this case” and a resolution passed by the general meeting is “the first special meeting of this case” (hereinafter “the resolution”).

Then, on April 1, 2014, M submitted a written request for convening a general meeting jointly by 180 members of the Defendant Union, and on April 1, 2014, M publicly announced that the members of the Defendant Union requested convening a general meeting in accordance with Article 30(2) of the articles of association of the Defendant Union.

On April 8, 2014, the Defendant Union held an extraordinary general meeting at the same place, and the above general meeting took place with the consent of 178 members present and with the consent of all members present at the meeting, a resolution on the agenda indicated in the attached Table 2, including a resolution to ratification the resolution of the instant primary extraordinary general meeting.

(hereinafter the above special meeting is referred to as the “the second special meeting of this case” and a resolution passed by the general meeting is referred to as the “the second special meeting of this case”).

On February 27, 2015, the Defendant Union held an extraordinary general meeting at the same place. A resolution was made to ratification the resolution of the instant secondary extraordinary general meeting with 189 members present, 160 affirmative votes, 160 dissenting votes, 0 dissenting votes, and 29 dissenting votes at the above general meeting.

(hereinafter) The above special meeting is “the third special meeting of this case” and the resolution adopted at the meeting of this case is “the third special meeting of this case”) / [the grounds for recognition] evidence No. 2, evidence No. 3-1, No. 2, and evidence No. 43, and the purport of the whole pleadings.

2. The Plaintiff’s assertion at the first special meeting of this case is by L without the authority to convene a meeting.

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