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(영문) 서울중앙지방법원 2017.04.20 2016가합563982
회사에 관한 소송
Text

1. The plaintiff's main claim is dismissed.

2. The part of the conjunctive claim in the instant lawsuit is dismissed.

3...

Reasons

1. Basic facts

A. The Defendant Korea Engineering Association is an association established to promote the development of the engineering industry and the promotion of engineering technology pursuant to Article 33 of the Engineering Industry Promotion Act, and the Plaintiff is a member of the Defendant Association.

B. Article 36 of the Articles of Incorporation of the Defendant Association may be combined with members of the Defendant Association in accordance with technical or technical relations to form a council for the promotion of the technology in question, and the establishment and operation of the council shall be determined by the regulations with the approval of the board of directors.

Accordingly, six councils are established in the defendant association, and there are provisions of the council which stipulate matters concerning the organization and operation of the council.

C. In the provisions of the Council on September 8, 2016, the Defendant Association made a resolution to change the contents of the method of appointing executive officers of the Council, including the Chairperson, from “the method of selection by a resolution of a general meeting of the Council consisting of members belonging to the Council” to “the method of election by the Steering Committee of the Council consisting of five to fifteen operating members, and obtaining approval at the general meeting of the Council” as stated in the attached Table. The amended provisions of the Council by the resolution of the board of directors of the instant case are “the provisions of the Council of this case.”

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, 14 (if any, including numbers, the entry in Eul evidence Nos. 2 and 3, and the purport of the whole pleadings.

2. Judgment as to the main claim

A. The plaintiff's assertion is in violation of the articles of association, which is a superior norm that provides that officers shall be appointed at a general meeting from among the representatives (titled person) of the members, by prosecution or election. ② Members including the plaintiff shall limit or deprive the eligibility of the chairman of the Council, and ③ the process of asking members of the Council in the process of revision.

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