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(영문) 수원지방법원성남지원 2015.10.16 2015가합126
총회결의무효확인
Text

1. Of the instant lawsuit, a resolution that appoints C as the president at an extraordinary general meeting of May 7, 2014 by the Defendant is null and void.

Reasons

1. Basic facts

A. The Defendant is a clan set up in F, and the Plaintiff is a person elected as the president at the Defendant’s ordinary general meeting held on November 15, 2012 as the Defendant’s member.

B. On February 18, 2014, part of the Defendant’s final members, including C, including C, (hereinafter “C, etc.”) demanded the Plaintiff to convene an extraordinary general meeting as an agenda item, such as “cases of replacement of all executives” and “cases of completion and completion of re-determination,” but the Plaintiff refused to convene the said extraordinary general meeting on February 24, 2014 without justifiable grounds; and C, etc. demanded the Plaintiff to re-examine the extraordinary general meeting on March 6, 2014. However, the Plaintiff did not comply with such demand.

C. On March 21, 2014, C: (a) it is necessary to hold an extraordinary general meeting for the discussion on the recovery of the paper to Defendant Jong-won; (b) notified Defendant Jong-won of his intention to hold an extraordinary general meeting on March 29, 2014 as the same agenda as the Plaintiff demanded on the ground that he refused it; and (c) publicly announced it in the central daily newspaper.

In response, the Plaintiff filed an application for provisional disposition (U.S. District Court 2014Kahap61) seeking the prohibition of holding an extraordinary general meeting on March 29, 2014 and received a decision of citing the application as the condition of providing security on March 28, 2014.

C et al. requested, from April 7, 2014 and April 16, 2014, to convene an extraordinary general meeting as the same agenda as the Plaintiff demanded from the Plaintiff, but C et al. refused to comply therewith. On April 30, 2014, C received a notice of convening an extraordinary general meeting from the post office on April 7, 2014, and sent the notice of convening the said meeting to Defendant Jong-won 1,992 on May 2, 2014. At the same time, C publicly announced the fact of holding the said extraordinary general meeting at least two central daily days on April 30, 2014.

E. On May 7, 2014, 155 members of the Defendant, including C, were present at the special meeting (hereinafter “instant special meeting”), and the Plaintiff was dismissed from office by the Defendant’s president at the said special meeting.

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