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(영문) 서울고등법원 2015.01.15 2014나33
손해배상(기)
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) and Defendant C are dismissed.

2. On the other hand, the counterclaim brought in the trial.

Reasons

1. The reasoning of this part of the reasoning of the judgment of the court of first instance is the same as that of Paragraph 1 of the same Article, and thus, this part of the reasoning is cited in accordance with the main sentence of Article 4

2. Determination on the main claim

A. Determination 1 on the Reasons for this Safety Defenses. A summary of the Defendants’ assertion was held on November 3, 2013 at the ordinary meeting of the Plaintiff clan, which was held on November 3, 2013, and as the expiration of the two-year term of office, S was selected as a new representative. Since the former president, who was not a legitimate representative, filed the instant appeal on behalf of the Plaintiff clan, the Plaintiff’s appeal is unlawful, and the Plaintiff’s appeal is unlawful). In addition to the purport of the entire pleadings as indicated in the evidence Nos. 1 and 19, the following facts may be specified. The main part of Article 7 (Organization of Officers) of the Articles of Incorporation of the Plaintiff clan clan Association (Organization of Officers) is an executive officer, and the president shall be an honorary position as follows: Article 8 (Appointment of Officers) shall be elected at the ordinary meeting of shareholders

Provided, That the assistant members for vacancies may be elected at the executive meeting.

Article 9 (Term of Officers) The term of officers shall be two years.

Where a vacancy occurs during the term of office, the board of directors shall be elected without delay, and the term of office shall be the remainder of the term.

Article 10 (Duties of Officers) (2) The president shall represent the principal meeting, take charge of the overall affairs of the president and preside over the meetings. The meetings of the plenary session under Article 11 (Meetings) shall be divided into an ordinary general meeting, an extraordinary general meeting, and an executive meeting; 1) The second anniversary of the second anniversary of the year of the ordinary meeting shall be determined on the second anniversary of the

The Chairperson shall convene a meeting when the Chairperson deems it necessary or at least one-third of the members request the convocation of the special meeting.Article 12 (Quorum 1) A general meeting or an executive meeting shall pass a resolution with the attendance of more than half of the members and with the consent of more than a majority of the members present.

3) The number of members (executives) who have not participated in a meeting shall be deemed to be the number of members present and the resolution shall be deemed to be the affirmative vote.

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