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(영문) 대전지방법원천안지원 2019.07.12 2018가합104293
대의원총회결의무효확인
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant is a non-profit corporation established pursuant to the Community Credit Cooperatives Act. The Plaintiff A was appointed to the Defendant’s full-time director on April 11, 2018, and the Plaintiff B was appointed to the Defendant’s director on July 3, 2017, respectively. 2) The Defendant has a representative meeting substituted by the general meeting (hereinafter “general meeting”) pursuant to the provisions of the Community Credit Cooperatives Act and the Articles of incorporation as follows.

The representatives of the defendant are 121 persons in total.

B. Provisions pertaining to the removal of general assembly and board of representatives, community credit cooperatives, enforcement decree of the same Act, general assembly and board of representatives among the defendant’s articles of association, and provisions pertaining to the removal of officers are as follows:

[General Assembly] Article 12 (General Assembly) (1) of the Community Credit Cooperatives Act

(3) General meetings shall be comprised of members and convened by the president.

(4) The following matters shall be resolved at a general meeting:

3. Appointment of officers (limited to cases where the election of the president is required by the articles of incorporation to elect the president at the general meeting), and Article 13 (Holding of General Meeting and Resolution) (1) Except as otherwise provided for in this Act, a general meeting shall be held with the attendance of a majority of all incumbent members, and pass

Provided, That where the registered members exceed 300, a meeting may be held with attendance of at least 151 members, and a resolution may be made with the consent of a majority of the members present.

Article 14 (Request for Convocation of General Meeting) (1) Members may request the president to call an extraordinary general meeting by submitting a document stating the purpose of and reasons for the meeting with the consent of at least one-third of the members and signing and sealing thereon.

(3) Upon receipt of a request under paragraph (1) or (2), the president shall hold a general meeting within two weeks from the date of such request.

(4) If no person is entitled to convene a general meeting or the president fails to hold a general meeting within the period specified in paragraph (3) without any justifiable ground, the auditor shall convene the general meeting within five days.

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