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(영문) 대전고등법원 2016.01.21 2014나11633
총회결의무효확인 등
Text

1. The plaintiff's appeal and the selective claim in the trial are dismissed, respectively.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. The grounds for admitting the judgment of the court of first instance are as stated in the following Paragraph (2) or as stated in the reasoning of the judgment of the court of first instance, except for the part that is modified as stated in Paragraph (3) above or determined as to selective claims added in the trial of the court of first instance, thereby citing it as it is in accordance with the main sentence of

2. Parts to be corrected;

A. From the second page of the judgment of the court of first instance, “Evidence No. 14-1 to 3, B, 8, 9, and 11-1” was added to the evidence described in Category 5 from the second page of the judgment, and from the second page, “The Defendant is a stock company established for the purpose of establishing self-support of persons who rendered distinguished services to the State on December 7, 1999 and promoting the welfare” was replaced by “C members” to “the fact that the Defendant was a stock company established for the purpose of establishing self-reliance and promoting the welfare of persons who rendered distinguished services to the State on December 7, 1999.”

B. On the third and nine pages of the judgment of the court of first instance, the following portions of “A” shall be added.

Although the Plaintiff asserts that “(the Plaintiff is the subject of the ultimate dispute in this case’s case’s distribution of profits, etc. and the status of the Plaintiff and “B” should be determined, the issue regarding the distribution of the above profits may also be determined. However, in a lawsuit between the Plaintiff and the Defendant, a substantive determination on the status of the Plaintiff’s “B” is made, and the determination cannot affect the legal relationship between the Plaintiff and “B”, seeking confirmation of the resolution of expulsion against the Defendant cannot be deemed the direct means

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C. On the fourth and fifth pages of the judgment of the court of first instance, the following portions of “” shall be added.

It is insufficient to view that the Defendant, as a stock company, has agreed to pay the amount distributed three times as much as the amount distributed or the amount corresponding to two times as the performance or compensation for the portion of the Plaintiff or the person attracting profit-making business by only the testimony of the witness F of the Party Party F.

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3. The plaintiff, as to the additional selective claims, requests the confirmation of invalidity of the expulsion.

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