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(영문) 서울중앙지방법원 2019.05.30 2018가합520361
임시총회결의 무효 확인
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The parties are incorporated for the purpose of implementing the national safety movement by the Defendant. The Plaintiffs are regular members of the Defendant, who are appointed as the Defendant’s director on November 18, 2014.

B. The Plaintiffs, directors G, and H et al. (1) convene an extraordinary temporary directors meeting on December 28, 2016, and the Defendant corporation was unable to normally operate due to the Defendant’s failure to operate the Defendant corporation’s exclusive shipment operation and unpaid annual fees (five million won) by the Defendant’s president, and the Defendant corporation’s dismissal of the president I and S from the extraordinary general meeting. Until the Defendant corporation’s normalization, the Defendant corporation’s dismissal of the president I and S from the extraordinary general meeting is the chairperson of the emergency countermeasures committee, and the emergency countermeasure committee consisting of Plaintiff A’s vice-chairperson (hereinafter “instant emergency countermeasure

(2) On February 17, 2017, Plaintiff A, the chairperson of the instant Emergency Countermeasure Committee, notified the convocation of an extraordinary session on February 17, 2017. Accordingly, on February 21, 2017, Plaintiff A, the chairperson of the instant Emergency Countermeasure Committee, notified the convocation of an extraordinary session on February 21, 2017, was dismissed from office as a director or the president, as a director or the president, and C, as a director or the secretary general, U as a director or the secretary general, 5, W, X as a director, Y, and Z respectively.

C. 1) On November 8, 2017, I notified the Plaintiffs and Defendant H to convene a meeting of the board of directors on November 16, 2017 in order to refer to an agenda item for the expulsion of the special meeting of the Plaintiffs. However, on November 17, 2017, I again notified the convening of the board of directors on November 24, 2017, but failed to hold a meeting due to lack of gender. (2) I notified the convening of an extraordinary meeting of the board of directors on November 20, 2017, with the same content as that of November 24, 2017, but failed to hold a meeting of the board of directors due to lack of gender. Accordingly, I notified the convening of the general meeting of the Plaintiffs and Defendant H at the general meeting held on November 27, 2017 (hereinafter “instant general meeting”).

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