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(영문) 춘천지방법원원주지원 2015.11.05 2015가합317
임시총회 결의무효 확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. The defendant is an organization that aims at carrying out collaborative projects for the development of the business and the promotion of welfare of its members who carry out food materials distribution projects within the prime city, and members C, D, and E (F claims that the children of E are members, and the plaintiff did not join as members separately from E), H, I, J, K, K, L, the plaintiff, and F, in total 10 to 11 (including G).

On the other hand, the plaintiff was the chief director of the defendant and there is no auditor in the defendant.

B. Around July 25, 2014, F requested the Plaintiff, who was the president of the Defendant, to convene an extraordinary general meeting on “the dismissal of the president,” etc., but the Plaintiff did not comply with such request.

Accordingly, on July 28, 2014, F notified the Defendant’s members to hold an extraordinary general meeting with respect to “cases concerning the dismissal of the Plaintiff,” etc., and held the Defendant’s extraordinary general meeting on August 5, 2014 (hereinafter “instant general meeting”), and passed a resolution to dismiss the Plaintiff from the Defendant’s president at the said extraordinary general meeting.

(Registration of dismissal under the corporate registry was completed on September 3, 2014). In addition, on August 22, 2014, F held an extraordinary general meeting of the defendant, and F passed a resolution to appoint F as president at the above general meeting.

C. On October 7, 2014, all the remaining members of the Defendant except the Plaintiff, representing F, filed a written request with the Plaintiff to convene an extraordinary general meeting with the “Dismissal of Chief Director and Appointment of New Chief Director” as an agenda item. The Plaintiff did not take the procedure of convening an extraordinary general meeting within two weeks.

Accordingly, F sent a notice of convening a general meeting on October 30, 2014 and October 31, 2014 to the Plaintiff and seven members (excluding E and G, and E and G received a notice of convening a general meeting directly from the Plaintiff). In addition, F sent the notice of convening a general meeting on November 11, 2014 to the Plaintiff and seven members (excluding E and G, and E and G received a notice of convening a general meeting).

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