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(영문) 서울중앙지방법원 2016.03.22 2015가합504870
회장 지위 부존재 확인의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is the chairman of the DDR federation (hereinafter “instant business partnership federation”).

The defendant is an organization established by City/Do E Cooperatives according to the Small and Medium Enterprise Cooperatives Act for the purpose of promoting mutual welfare among its members.

B. Articles of the Defendant’s articles of incorporation (hereinafter “instant articles of incorporation”) relating to the instant case are as follows.

Article 24 (General Meeting) (2) A general meeting shall be comprised of representatives.

(3) Representatives shall be elected from among the members of a City/Do cooperative, and the number of representatives shall be one for each 20 member of the relevant member cooperative, and where the number of representatives exceeds ten, one for each 20 member of the relevant member cooperative shall be added thereto, and the number of representatives for which one member may be elected shall not exceed 1/5 of the total number of representatives of the federation.

Provided, That the chairperson of a City/Do cooperative shall be an ex officio representative, and shall not be included in the quorum for representatives of members.

Article 28 (Matters to be Resolved by General Meeting) (1) The following matters shall be resolved at a general meeting:

8. The following matters concerning the election and dismissal of officers shall be resolved with the attendance of a majority of the total delegates and with the concurrent vote of at least two thirds of the representatives present:

1. Amendment of the articles of association;

2. Expulsion of members;

3. Dissolution, merger, or division of a federation (Appointment of executives) (1) The president, directors, and auditors of a federation shall be elected at a general meeting from among representatives, but the president shall, in principle, concurrently serve as the president of a federation for the organic rationalization of the operation of a federation;

Provided, That the Chairperson shall not concurrently hold the president of a City/Do association, and the directors and auditors shall be elected in consideration of the ratio of the number of members of a City/Do association.

Article 42 (Restrictions on Qualifications for Executives) (1) No person who falls under any of the following subparagraphs shall be an executive of a federation:

1. Persons in conflict with Article 44 (1) of the Small and Medium Enterprise Cooperatives Act;

2. A person who interferes with or interferes with the business of the Federation;

C. On June 24, 2014, the Defendant, one day before the ordinary general meeting, shall be on June 24, 2014.

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