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(영문) 서울북부지방법원 2016.10.19 2016가합22800
감사해임결의 무효 확인 청구
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 Defendant is a financial institution established under the Community Credit Cooperatives Act for the purpose of receiving deposits and installment savings from its members and lending loans to its members. The Plaintiff was appointed on February 17, 2015 as the Defendant’s auditor (registration on March 11, 2015).

B. On March 25, 2016, the Defendant decided to dismiss the Plaintiff (hereinafter “instant dismissal resolution”) due to the following reasons, namely, ① the infringement of public confidence in writing and letters of occupational recovery and internal data, ② excessive abuse of authority such as prosecution complaint, accusation, accusation, etc.: (a) distribution of registration documents to the elector in order to choose candidates during an election campaign; (b) distribution of registration documents; (c) creation of uncertainty, apprehensions, and fears; and (d) the use of a member’s credit cooperative by continuing letter delivery; and (e) the Plaintiff’s dismissal resolution due to an auditor.

C. Of the articles of incorporation of the Community Credit Cooperatives Act, the Enforcement Decree and the Defendant, the parts related to this case are as follows.

The following matters shall be decided by a resolution of a general meeting:

3. Except as otherwise provided for in this Act, a general meeting as referred to in Article 13 (Holding and Resolution of General Meeting) shall be held with the attendance of a majority of all incumbent members, and pass resolutions with the consent of a majority of

Provided, That where the number of registered members exceeds 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

A general meeting may make a resolution only on matters publicly notified pursuant to Article 15 (2).

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.

(2) The president shall hold a general meeting within two weeks from the date on which a request is made under paragraph (1).

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