logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2015.09.02 2014가합110424
회사에 관한 소송
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The defendant is a non-profit corporation established in Songpa-gu Seoul under the Credit Unions Act, and the plaintiff was working as the chairperson of the defendant.

F Around April 10, 2014, on the ground that F obtained the consent of at least 1/5 of its members, the Plaintiff, who was the president of the Defendant, requested a convocation of an extraordinary general meeting aimed at dismissing the standing president and officers, but did not comply with the request.

F Around April 16, 2014, the Defendant’s auditor requested the convening of an extraordinary general meeting for the same purpose, and the said auditor did not comply with the request.

On April 17, 2014, F convened an extraordinary general meeting as the representative of the Defendant’s association members, and held an extraordinary general meeting (hereinafter “instant primary general meeting”) in the Korea Securities Holdings located in Songpa-gu Seoul, Songpa-gu, 14:00 on May 1, 2014. The Defendant passed a resolution to elect F as an extraordinary executive officer, such as a temporary president, on the premise that all the executives, including the Plaintiff, who are the standing director of the Defendant, and the auditor, were dismissed at the said extraordinary general meeting and that the final decision would be made by the approval of the National Federation of Credit Unions.

Accordingly, on May 1, 2014, the registration of change of officer against the Plaintiff was made on May 19, 2014; on the other hand, on March 2014 through April 4, 2014 before the Defendant’s dismissal resolution, the registration of change of officer based on the resignation was made on May 19, 2014.

On May 14, 2014, the defendant requested the credit union federation of the credit union "on the ground that all the executives of the defendant were vacant due to dismissal or resignation at the first special meeting of this case, the defendant requested F to appoint temporary president, G as temporary president, temporary vice president, H as temporary directors and I, upon recommendation by a resolution at the first special meeting of this case." Accordingly, the credit union president of the credit union requested the above appointment in accordance with Article 89 (7) of the Credit Union Act, Article 52 (2) of the articles of association of the union.

arrow