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(영문) 서울고등법원 2020.07.16 2019나2047248
회장불신임 결의 부존재 혹은 무효확인 등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

In the first instance trial, the Plaintiff sought confirmation of the absence or invalidity of the resolution for election of the president and auditor, which was made after the end of the general meeting of shareholders on May 5, 2019, by the Defendant’s non-Confidence resolution at the board of directors on August 30, 2018, ② permanent expulsion resolution at the standing committee on January 30, 2019, and ③ non-existence or invalidity of each resolution for election of the president and auditor after the end of the general meeting of shareholders.

The first instance court accepted the claim for confirmation of the absence or nullity of the permanent expulsion resolution as stated in the claim. ① The request for confirmation of the absence or nullity of the non-Confidence resolution of the president as stated in the claim was dismissed. ③ The request for confirmation of the absence or invalidity of the resolution of election of the president and auditor as stated in the claim was dismissed.

Since only the plaintiff appealed, the scope of this court's adjudication is limited to ① the resolution of non-Confidence of the chairperson as stated in the claim, ③ the resolution of election of the chairperson and auditor as stated in the claim, and ③ the non-existence or invalidity confirmation claim.

The grounds for this part of the judgment of the court of first instance, which cited in the judgment of the court of first instance, are the same as the grounds for the judgment of the court of first instance, except for the case where the corresponding part of the judgment of the court of first instance is used as follows. Thus, this part of the judgment is cited including each share and abbreviation

(Provided, however, the part of the claim for confirmation of the absence or invalidity of a resolution for permanent expulsion which does not fall within the scope of the adjudication in this Court). Section 1 of Section 10 of Section 10 "Evidence No. 17, 18, 20, 23, 23, 37, and No. 10, No. 10, 12, 13, 16, 18, and 18 of Section 1."

Part 11, Chapters 5 through 11 shall be dried as follows:

Article 19(2) of the Criminal Procedure Act provides that "the appointment of executive officers shall be made by the decision-making body of the general meeting (Article 14)," and "the appointment of executive officers" shall be made by the decision-making body of the general meeting (Article 19(2) of the Criminal Procedure Act).

In addition, the defendant.

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