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(영문) 광주지방법원 순천지원 2018.07.05 2017가합13909
회사에 관한 소송
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts (applicable for recognition: Facts without dispute, Gap evidence 1 through 6 (including paper numbers; hereinafter the same shall apply);

(iii) entry of evidence Nos. 3, 23, and 30, as well as the purport of the whole pleadings

A. The defendant is a union composed of union members managing members E of the Mineyang-si, Net City, Bossung-si, Gumsung-gun, and Gosong-gun, and the plaintiffs are the representatives of the defendant's association members.

B. On November 23, 2017, the president of the Defendant’s partnership notified that a temporary meeting of the board of representatives was held on November 30, 2017, with the resolution of the amendment of the articles of association, etc. on November 23, 2017. The main contents of the amendment of the articles of association were to introduce the standing directors and non-standing association president system and to delete the restriction on the reappointment of the president

C. On November 30, 2017, the Defendant held an extraordinary board of representatives (hereinafter “instant board of representatives”).

In the minutes prepared at the time, all 52 representatives (51 representatives, 1 presidents of partnership) were present, and the draft amendment of the articles of association was passed with the consent of at least 2/3 of representatives present at the meeting and at least 42 representatives present at the meeting.

(hereinafter referred to as “instant resolution”). Article 31 (General Meeting) (1) The general meeting shall be comprised of members, and the president of the association shall preside over the resolution.

(2) The general meetings shall be divided into an ordinary general meeting and an extraordinary general meeting.

Article 33 (Special General Meeting) (1) The head of an association shall convene an extraordinary general meeting in any of the following cases:

1. Where the head of partnership deems it necessary;

2. In cases where the board of directors intends to convene a general meeting under Article 36 (Notice of Convocation of General Meeting), he/she shall deliver to members a notice of convocation of the general meeting, stating the agenda items for the meeting and the date of the meeting seven days before the opening

Provided, That when a general meeting is convened again for the same purpose, it shall be notified by the day preceding the opening.

Article 37 (Matters to be Resolved at General Meeting) (1) The following matters shall undergo a resolution at a general meeting:

1. Amendment of the articles of association;

5. Election and removal of officers;

6. The opening of a general meeting under Article 38, such as disciplinary actions against the president and auditor of the partnership;

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