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(영문) 춘천지방법원 2016.03.30 2015가합5606
대표이사지위부존재확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 28, 2006, the Defendant is an agricultural partnership established by the participation of farmers, etc. in both-gu areas engaged in agriculture or livestock industry and the Plaintiff is a member of the Defendant’s association, and the Plaintiff is a member of the Plaintiff.

D had been registered as the representative director of the defendant on the corporate register since the establishment of the defendant, and seven members of the defendant were the plaintiff, D, C, E, F, G, and H.

B. Around October 2007, the Defendant’s auditor, requested D to hold an extraordinary general meeting of the Defendant with the “resolution of dismissal of the representative director D” as an agenda item, but D rejected this.

C An extraordinary general meeting under Article 48(3)2 of the Defendant’s Articles of Incorporation (Article 48(3) of the Defendant’s Articles of Incorporation).

(3) The auditor shall convene an extraordinary general meeting in any of the following cases:

2. If there is a demand under paragraph (2), an extraordinary general meeting shall be held as the auditor’s authority when the representative director fails to comply with the procedures for convening the general meeting within two weeks without justifiable grounds, and a special general meeting shall be convened on November 22, 2007, with the purpose of “the case of dismissal of the representative D and directors E” as the first policeman on November 22, 2007.

"The notification was given to the members."

C. On November 22, 2007, the Defendant’s members resolved to dismiss D from the representative director at an extraordinary general meeting held on November 22, 2007. On the same day, the board of directors held on the same day resolved to appoint C as a new representative director.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, and purport of the whole pleadings

2. Judgment on the defendant's main defense

(a) principal safety;

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