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(영문) 서울남부지방법원 2016.06.30 2015가단232822
손해배상(기)
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a clan set up in Jung, the 19 years of age of Si Mediation D, and the Defendant, as the head of the Plaintiff’s clan and representative, was again elected by the Plaintiff’s board of representatives on November 18, 2014, since the Plaintiff was elected as the chairperson of the Plaintiff’s clan around early 2013.

B. On November 19, 2014, the Plaintiff issued a notice for convening an extraordinary general meeting on the basis of the first half-yearly audit report in 2014, the appointment of executive officers, and other major business reports, etc. as major agenda items at the general meeting. On November 29, 2014, the Plaintiff held the estimated extraordinary general meeting in the Decree of the Plaintiff’s Ship F in Sinsi-si (hereinafter “instant extraordinary general meeting”).

C. When the Plaintiff’s audit G declares the Defendant’s dismissal resolution as the agenda of the general meeting after the Defendant’s refusal to submit audit data while the Plaintiff’s audit report was prepared at the meeting place for the instant special meeting place, the Plaintiff’s audit member declared the Defendant’s dismissal resolution for the Defendant as the agenda of the general meeting. As the members present at the general meeting were unable to proceed with the normal meeting due to the Plaintiff’s malfunction in the future or resistance to the said G and the occurrence of physical fighting, etc., some of the members requested a meeting. The Defendant, as the chairman of the instant special meeting, made a regular meeting.

After the declaration of the above regular assembly, the Defendant and some of the clans moved to the funeral room for the purpose of raising the memorial. The remaining clans remaining in the meeting room, on the ground that H, the oldest, among the vice-chairpersons of the Plaintiff, was the Speaker H, was the Speaker pro tempore, and passed a resolution to dismiss the Defendant (hereinafter “the resolution to dismiss the president of the instant case”). A resolution to amend the articles of association was adopted by a general meeting, which is not the board of representatives, to elect officers, including the president, and a resolution to appoint C as the president of the Plaintiff on the ground of the amended articles of association (hereinafter “the resolution to appoint the president of the instant case”). The Defendant and those supporting them were in the funeral room.

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