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(영문) 대전지방법원 2020.08.26 2019가합107542
회사에 관한 소송
Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. 1) The defendant is the Credit Unions Act (hereinafter referred to as the "Credit Unions Act").

As of February 21, 2018, the Defendant’s executive officers, as of February 21, 2018, constituted the president D, E, standing director F, G, H, I, and J. (2) The president D retired from office on February 22, 2018, and E retired from office as of February 22, 2018. After D’s retirement, E became an acting director pursuant to Article 46(1) of the Defendant’s Articles of incorporation.

On the other hand, F was dismissed from K organization on July 13, 2018 (hereinafter “K”), and was appointed on September 28, 2018, but resigned on November 26, 2018.

I and J were dismissed at the Assembly of Temporary Members held on September 3, 2019.

3) On September 3, 2019, K appointed the Plaintiff, L, M, and N as the temporary director of the Defendant under Articles 89(7)2 and 84(3) of the New Cooperation Act, and the Plaintiff, L, M, and N were appointed as the temporary director of the Defendant on the same day. (b) On September 3, 2019, K held each temporary board resolution of the Defendant and each extraordinary general meeting resolution of the Defendant, E, and G, by holding a temporary board meeting on September 3, 2019, proposed the cases of election of directors (emergency) and directors, and elected directors and P directors.

(hereinafter “Temporary board of directors on September 3, 2019” and the above resolution of the board of directors was adopted on September 6, 2019; E, G,O, P held a temporary board of directors meeting on September 6, 2019 to make a decision on candidates and remuneration; (i) the election of the chief director (emergency); (ii) the composition of the election commission; and (iii) the case of holding an extraordinary board of directors meeting; (iv) the said resolution of the board of directors was referred to as “temporary board of directors on September 6, 2019”; and (v) the said resolution of the board of directors was referred to as “temporary board of directors resolution of September 6, 2019”; and (v) the said resolution of the board of directors and each of the combined resolution of the board of directors resolution of September 3, 2019,” respectively.

(3) On September 27, 2019, the Defendant held a temporary general meeting of association members (hereinafter “instant special meeting”) for the case of the appointment of executive directors and the decision of remuneration, and for the resolution of the case of the election of executive officers (non-standing chief director), and held D as non-standing chief director, and F.

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