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(영문) 대구지방법원서부지원 2016.08.25 2015가단37607
손해배상(기)
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 Plaintiff is an organization established by consisting of merchants of the A market in Daegu-gu and 19 parcels, including Daegu-gu, and completed registration under the special Act on the Development of Traditional Markets and Shopping Districts in the Daegu-gu on September 5, 2007.

B. D served as the chairperson of the Plaintiff from April 2009 to February 18, 2013, and the Defendant is a person elected as the chairperson of the Plaintiff through a resolution of the special general meeting of February 1, 2013, as seen below.

C. Some of the Plaintiff’s members filed a motion for dismissal at the ordinary meeting held on January 21, 2013, while filing a motion for dismissal, but did not accept it.

On January 31, 2013, the above members organized A Market Emergency Countermeasures Committee and posted a public notice under the name of the Emergency Countermeasures Committee on January 31, 2013, and then convened an extraordinary general meeting with "the dismissal of the president of the merchants' association (including incumbent executives) and the election of new executives" as an agenda item.

Accordingly, at the special meeting held on February 1, 2013 (hereinafter “special meeting held on February 1, 2013”), the participants dismissed D, the Defendant was the president, Nonparty E as the vice president, Nonparty F as the secretary general, Nonparty G, and H as the auditor (hereinafter “Resolution”).

E. On February 1, 2013, the Defendant, at the extraordinary general meeting of February 4, 2013, applied for the registration of the change of the representative of the Plaintiff registered in the Daegu Seo-gu Office with minutes of the above extraordinary general meeting, etc. attached to D, and the head of Daegu Seo-gu Office accepted the above registration on February 18, 2013.

F. However, according to the Plaintiff’s articles of incorporation, when the president or the board of directors demands the holding of an extraordinary meeting with the consent of at least 1/5 of the total members, and the auditor requests the meeting with the consent of the board of directors for the resolution of urgent matters, but the chairperson does not convene the general meeting within 30 days.

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