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(영문) 춘천지방법원 2017.08.30 2017가합50006
총회결의 등 무효확인
Text

1. A resolution of an extraordinary general meeting of officers and non-Confidence of delegates on December 23, 2016, issued by the Defendant against the Plaintiff, ②.

Reasons

1. Basic facts

A. The relationship between the parties is an association established with the aim of cooperating with the State’s policies on private taxi transport business in Gangwon-do, demonstrating the public interest of taxi transport business, and promoting the joint welfare and friendship among the members of the association.

B Sub-chapter is an affiliate of the partnership established in C with the approval of the partnership, and the plaintiff is a member of the defendant's association.

B. On October 7, 2016, the Defendant passed a resolution of the board of directors on October 7, 2016, with a view to holding a board of directors on October 7, 2016, and holding a resolution that the period from February 2015 to August 2015, the Defendant would not be included in the period of limitation on eligibility for election (Article 7 subparag. 2 of the Defendant’s Election Management Regulations) (hereinafter “resolution of the first board of directors”).

C. (1) On October 26, 2016, the Plaintiff’s 11st head of B branch office and the 10th head of B branch office were publicly announced. (2) On October 31, 2016, the Plaintiff, who was the 10th head of B branch office, registered as the candidate for the head of the branch office, and the Defendant’s auditor, received the documents for registration of the candidate for the representative in the above election. However, the B branch office election commission, on the ground that D did not pay the partnership expenses from November 2014 to February 2016.

3) On November 15, 2016, Section B entered into an election for the head of the branch office and the representative. As a result of the election, the Plaintiff was elected as the head of the 11st branch office in B with the votes of 52.5% of the voting number. D. Defendant’s resolution of the extraordinary general meeting and the board of directors on December 23, 2016 shall hold an extraordinary general meeting on December 23, 2016, and the Defendant shall hold a resolution of non-Confidence for executives and representatives as the head of the branch office (hereinafter “resolution of the instant extraordinary general meeting”) on the ground that “the Plaintiff did not comply with Article 10 of the Articles of Incorporation and Article 7 of the Election Management Regulations” against the Plaintiff.

(2) The Board of Directors shall hold a meeting on the same day to resolve on the disqualification of the Plaintiff’s member (hereinafter referred to as “resolution”).

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