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(영문) 서울중앙지방법원 2017.06.15 2016가합577073
총회결의무효확인등 청구의소
Text

1. The part of the instant lawsuit dismissing the claim for confirmation of invalidation against each resolution that appointed C and D as directors.

2...

Reasons

1. Facts of recognition;

A. The Defendant was established on May 27, 2014 and operated as its main business such as social welfare business and long-term care business for the elderly, and the Plaintiff has served as the Defendant’s director and the chief director since its establishment.

B. On November 9, 2016, the Defendant’s director F claimed the Plaintiff to convene an extraordinary general meeting on behalf of 32 members of the instant association, namely, dismissal of the Plaintiff and appointment of a new chief director.

In the above claim, the reason for dismissal against the plaintiff was indicated as the damage to the identity of the union of this case, the closure of the Gycare Center's operation, and the improper operation of the fund.

C. On November 22, 2016, the Plaintiff announced a convocation announcement to hold an extraordinary general meeting (hereinafter “instant general meeting”) holding the said matter as an agenda on November 29, 2016.

The general meeting of this case had a resolution to dismiss the plaintiff from the board of directors with the consent of 35 members among the 56 members present at the meeting and with the consent of 36 members, and a resolution to dismiss the plaintiff from the board of directors with the consent of 36 members (hereinafter referred to as the "resolution to dismiss the plaintiff in this case"). There was each resolution to appoint new directors C, D, and E as the new chief director (hereinafter referred to as the "resolution to appoint the plaintiff in this case").

E. The main contents of the Defendant’s articles of incorporation relating to the instant case are as follows.

Article 14 (Expulsion) (1) An association may be expelled upon a resolution of the general meeting if a member falls under any of the following subparagraphs:

1. Where it has failed to use the facilities or business of the union continuously for one year or longer;

2. Where a cooperative does not perform its obligations, such as payment of contributions and expenses;

3. Where it violates any statute, administrative disposition, articles of association or provision related to the intended business of the association;

4. Where it interferes with or loses credit by intention or gross negligence;

5. Where a cooperative has not participated in the activities of the cooperative continuously for at least one year.

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