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(영문) 춘천지방법원원주지원 2016.09.01 2016가합5555
해임결의무효확인
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

Basic Facts

A. The Plaintiffs were appointed as the Defendant’s director on July 17, 2013, and the terms of office of the Plaintiffs’ directors are until July 16, 2017.

However, on May 25, 2016, the Defendant notified the Plaintiffs of the dismissal of directors.

B. The contents of the Defendant’s articles of incorporation pertaining to this case are as follows.

Article 33 (Special General Meeting) (2) The head of an association shall, upon receipt of a request under paragraph (1) 2 or 3, give a notice of convening a general meeting within two weeks, except in extenuating circumstances, and in cases falling under subparagraph 4, give a notice of convening a general meeting within seven days.

Article 36 (Notice of Convocation of General Meeting) In order to convene a General Meeting, a notice of call of General Meeting stating the agenda items for the meeting and the date of the meeting shall be sent to members no later than seven days prior

Article 37 (Matters subject to Resolution at General Meeting) (1) The following matters shall be subject to resolution at General Meeting:

5. The election and dismissal of officers. (1) Except as otherwise provided for in this Articles of incorporation, the general meeting shall be held with the attendance of a majority of members, and the decision shall be made with the consent of a majority of members present;

Article 40 (Special Cases concerning Resolutions of General Meeting) (1) Notwithstanding Article 37, a resolution of the general meeting may be substituted by the vote of members in lieu of the resolution of the general meeting:

1. Dissolution or division;

2. To direct election of the president of an association by voting at a place other than a general meeting or general meeting;

3. Dismissal of an executive officer under Article 57 (1);

4. An association shall have a board of representatives substituted for a general meeting with respect to the matters other than those prescribed in the subparagraphs of Article 40 (1);

(2) The board of representatives shall be comprised of 61 representatives (including two female representatives), including the head of an association, and the head of an association shall preside over such representatives.

(3) Provisions concerning the general meeting shall apply mutatis mutandis to representatives.

Article 57 (Dismissal of Officers) (1) Members may request a general meeting of shareholders to dismiss an executive officer with written consent of at least one fifth of all members.

In such cases, the General Assembly.

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