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(영문) 서울고등법원 2017.11.23 2017나9864
연주현씨막금종친회이사지위확인
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The defendant is a clan of which the 19-year old clan D is a joint ancestor.

The plaintiff and E are between the defendant and the defendant as the last place.

B. E was one of the Defendant’s directors, but was not present at the Defendant’s board of directors around 2016.

Accordingly, on July 10, 2016, F submitted to the Defendant a letter of recommendation of each director to recommend the Plaintiff as a director at the Defendant’s general meeting (which will be held) on July 10, 2016.

Meanwhile, the Plaintiff’s recommendation of the board of directors prepared by G among the remaining supporters of the Republic of Korea is written on July 10, 2016, stating that “the Plaintiff is recommended to be a director at the general meeting of shareholders on July 10, 2016,” or that the date of preparation is later on September 20, 2016.

C. The Defendant held a general meeting on July 10, 2016, but did not recognize the Plaintiff as the Defendant’s director (hereinafter the above general meeting at the ordinary meeting as of July 10, 2016) and the Plaintiff.

The defendant's general meeting of July 10, 2016, which was in force at the time when the general meeting of the shareholders was held, is "the articles of incorporation before the amendment of the case."

section 9. (Composition of Officers) The terms of this case are as follows:

1.The following officers shall be assigned to this Council:

Article 10 (Election of Officers) (Election of Officers) of the 12 General Director, 12 Vice-Chairperson, 2 auditors, and 2 others (Assistants)

1. Each member elected from among lineal ascendants shall become a director of that lineal ascendant;

2. The Chairperson shall be elected by voting by the directors elected from each lineal ascendant, and the largest number of votes shall be the Chairperson;

5. The Secretary shall be appointed by the Chairman from the chairman and other lineal ascendants and descendants;

6. Vice-chairpersons, advisers, and financial directors shall be appointed by the chairman and approved by the board of directors; and

7.The auditors shall be elected from among the directors.

Provided, That a director from among executives may concurrently hold an office as an auditor for financial directors.

Article 11 (Terms of Office and Directors)

1. The terms of office for officers and directors shall be two years and they may be reappointed;

2. Executive officers and directors shall automatically lose their qualifications for participation in a meeting three-time without permission;

3. Vacancy within the term of office under Article 11 (2).

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