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(영문) 부산지방법원 2015.12.23 2014가합17407
총회결의무효확인
Text

1. The Defendant confirms that the resolution of the general assembly adopted at an extraordinary general meeting on December 23, 2014 is null and void.

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

Reasons

1. Basic facts

A. The defendant is a regional community credit cooperative located in Busan Dong-gu C, and the plaintiff is a former member of the defendant.

B. Upon the aggravation of management status, the Defendant entered into a contract for the transfer of assets and liabilities with the D Saemaul Savings Depository on September 29, 2014, and held a board of directors on November 25, 2014 and resolved on the agenda of “the Defendant’s dissolution and dissolution general meeting, the holding of the Defendant’s general meeting of dissolution, the suspension of business, and the application for the payment of the funds for the refund of prepaid savings deposits,” and held an extraordinary general meeting on December 23, 2014 (hereinafter “instant general meeting”) in accordance with the above resolution of the board of directors and adopted a resolution that “the Defendant dissolves the Defendant, appoints the Defendant’s liquidator as the Defendant’s liquidator, and transfers the Defendant’s remaining assets to the Korean Federation of Korea

C. The provisions of the articles of association and the defendant regarding the resolution of the general assembly of this case are as follows.

Article 9 (Members and Capital) (1) A member of a credit cooperative shall be a person who has his/her domicile or domicile, or is engaged in his/her business, within the business territory stipulated by the articles of incorporation of the credit cooperative, and has paid at least one unit of investment in cash.

Article 12 (General Meeting) (1) Any credit cooperative shall hold a general meeting.

(3) General meetings shall be comprised of members and convened by the president.

(4) The following matters shall be resolved at a general meeting:

1. Amendment of the articles of association;

2. Dissolution, merger, or suspension of business;

3. Appointment and dismissal of officers;

4. Except as otherwise provided for in this Act, a 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 the members present;

Provided, That where the registered members exceed 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 the members present.

(2) Matters referred to in Article 12 (4) 1 and 2 shall require the attendance of a majority of registered members (in cases falling under the proviso to paragraph (1), not less than 151 members) and concurrent vote of not less than 2/3 of the members present.

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