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(영문) 서울중앙지방법원 2019.03.21 2018가합543371
사원총회결의무효확인
Text

1. At the 30th regular meeting of the delegates held on February 26, 2018, the Defendant’s assistant intervenors are the Defendant’s National Federation.

Reasons

1. The following facts may be found as a whole in each entry in Gap evidence 1 to 5, Eul evidence 11, and the whole purport of the pleadings:

The Defendant Association B (hereinafter referred to as the “Defendant Association”) is an organization established for the purpose of promoting and developing the petroleum sales business and promoting the promotion of the members’ welfare, and the Plaintiff is a member of the Defendant Association.

B. The Defendant Association opened a board of directors on January 24, 2018, elected the president at the 30th delegates’ general meeting, and refers to the shares unpaid from 2014 to 2016 under Article 35(4) of the Articles of Incorporation of the Defendant Association.

The defendant Association uses the expression of membership fees for the contributions to be borne by the branch of the association, but the concept of distinction between the contributions of the branch and the membership fees under the articles of association.

The decision was made to grant voting rights to the representatives belonging to the local assembly who pay the unpaid amount in 20% and 2017 only to the representatives belonging to the local assembly.

C. On February 26, 2018, the Defendant Association held the 30th general meeting of representatives (hereinafter “instant general meeting”); 71 of the incumbent representatives was present; Defendant Intervenor and D were candidates for the president.

However, prior to the voting for the election of the chairman, the chairman of the election management commission requested the representatives belonging to the sub-council who did not perform the obligation to pay contributions of the sub-council prior to the voting for the election of the chairman to grant voting rights to the representatives belonging to the sub-council, and the voting began by consenting to this.

As a result, the supplementary intervenor was selected as the Chairperson with 37 votes.

(hereinafter “instant resolution”). D, who is another candidate, obtained 34 marks. D.

The details of the articles of incorporation of the defendant Association (hereinafter referred to as the "Articles of incorporation") and the rules on the appointment of executives of the Association concerning the resolution of this case are as shown in the attached Form

2. Summary of the parties' arguments;

A. The Plaintiff asserts as follows as the cause of the instant claim.

The articles of incorporation.

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