logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2018.05.04 2017나2062250
대표자등지위부존재확인
Text

1. Revocation of a judgment of the first instance;

The plaintiffs' claims are dismissed.

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

Reasons

1. The reasons why this Court is stated in this part of the underlying facts are the same as the reasons why the judgment of the court of first instance is rendered, except in the following cases, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Part 4 of the first instance court's decision, "I elected the former Chairperson I as the chairperson of the defendant's office" is "I as the chairperson, J and X as vice-chairperson, Y as the auditor, and K as the general secretary."

The following shall be added to the 7th page of the judgment of the first instance.

“On the other hand, Plaintiff C and B filed an application for a provisional disposition of suspending the performance of their duties with the Defendant’s executive officers until the judgment on the merits of the instant case became final and conclusive on February 26, 2017 with respect to the president I, J of Vice-Chairperson, and K General, who was elected at the ordinary general meeting of shareholders on February 26, 2017. The Sungnam branch of Suwon District Court (2017Kahap50146) dismissed the application on October 26, 2017 due to lack of prima facie evidence of the need for the preservation rights and the necessity for the preservation. Thereafter, the Defendant held an ordinary general meeting on March 11, 2018. The Defendant attended 36 persons directly from the 202 members of the registered clan, 104 persons who submitted the power of attorney, and resolved on the agenda, such as the restoration of the protection of damaged property of the clan, etc.

2. The plaintiffs' assertion

A. Since the Defendant issued a notice to convene a general meeting on February 26, 2017 only to some clan members, the resolution of the instant general meeting is null and void.

B. In accordance with the Defendant’s articles of incorporation, even though women are not members of the Defendant’s clan, the instant resolution of the general assembly is null and void as women attended the general meeting of February 26, 2017.

C. The power of attorney submitted at the ordinary meeting of February 26, 2017 is limited to 12 pages, and the power of attorney at the ordinary meeting of January 15, 2017 is limited to 58 pages and 2 copies of attorney at the ordinary meeting of December 28, 2016.

The ordinary general meeting of December 28, 2016 and December 2017.

arrow