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(영문) 서울동부지방법원 2020.12.09 2020가합105201
해임처분무효확인
Text

1. The defendant's dismissal of the plaintiff on February 7, 2020 against the plaintiff is confirmed to be null and void.

2. Supplementary participation among the costs of lawsuit.

Reasons

1. Basic facts

A. The status of the parties is an incorporated association established to disseminate Dsports campaigns, and the Plaintiff was elected as the Defendant’s president on September 17, 2018 and performed his duties.

B. On January 8, 2020, 16 of the Defendant’s registered representatives demanded the convocation of a temporary meeting of the delegates to discuss the “the removal of all executives (other than auditors) of the Defendant’s executive organ” agenda.

C. On February 7, 2020, the above agenda was resolved with the consent of all 15 representatives present at the extraordinary general meeting of delegates held on February 7, 2020 (hereinafter “instant general meeting”), and the Defendant notified the Plaintiff that he was dismissed from office on the same day.

(hereinafter the Defendant’s dismissal disposition against the Plaintiff (hereinafter “instant dismissal disposition”). D.

The grounds for dismissal of creditors raised by representatives at the general assembly of this case are as follows.

(1) A board of directors shall be held unlawfully, and a letter of resignation shall be sent to an executive officer, etc. who has been subject to the resignation resolution, and a letter of resignation shall be sent to the chief vice-chairperson and the vice-chairperson without undergoing the procedures, such as a resolution of the board of directors.

E. Since then, the defendant followed a special election for the chairperson, and the defendant joining the defendant was elected as the chairperson as a result of the election.

F. On May 28, 2020, the Seoul Eastern District Court filed an application against the Defendant’s Intervenor for a provisional disposition suspending the performance of duties, and on May 28, 2020, rendered a provisional disposition suspending the performance of duties (200Kahap10107) with the content that “the Defendant’s Intervenor shall not perform his duties as the representative until the judgment on the merits of this case became final and conclusive.” Although the Defendant’s Intervenor filed an objection against the provisional disposition order, the said provisional disposition order was approved on August 10, 2020.

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