(영문) 서울고등법원 2017.01.18 2016나2044309

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(영문) 서울고등법원 2017.01.18 2016나2044309

임시총회결의 무효확인청구

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1. All appeals filed by the plaintiffs are dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court’s explanation as to this case is as stated in the reasoning of the judgment of the first instance, except for addition, deletion, or dismissal as follows. Thus, this is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

In the sixth page of the first instance judgment, "AR" shall be added to "AI" and "AR" next.

Of the Section 1 of Section 7, “(O is the same as AU’s father, and AU is the same, and AU was known of the fact of convening the special general meeting of this case due to both AU and A’s birth, etc.)” is added to “AE” and “AH” of the recipient of AK as “AE”. In Section 8, “4 Dong name is four or more Dong name and it is difficult to identify the address of 195 NJ’s birth.” 6-15 name is deleted as follows.

“A resolution of the clan general meeting for the adoption of the clan rules shall be in accordance with the clan rules or clan rules, and if not, it is common customs to make a resolution with the consent of a majority of the members present at the general meeting (see, e.g., Supreme Court Decision 2013Da24382, Nov. 27, 2014). As seen earlier, the instant articles of association also provide for the amendment of the clan in Article 9 subparag. 1 as the resolution of the general meeting, and Article 10 provides for the resolution of the general meeting as the consent of the majority of the members present at the meeting, and the chairperson shall make a resolution for the amendment of the instant articles of association with the consent of a majority of the members present at the meeting. Thus, the resolution of the general meeting shall be deemed to have been made with the consent of a majority of the members present at the meeting (as the quorum does not separately provide for the quorum of the general meeting necessary for the amendment of the clan rules, the amendment of the articles of association can be made by a resolution of

2. Conclusion, the judgment of the first instance is justifiable, and thus, the plaintiffs.

참조조문

-민사소송법 제420조

참조판례

-대법원 2014. 11. 27. 선고 2013다24382 판결

유사 판례

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