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(영문) 창원지방법원거창지원 2019.11.07 2018가합10250
임시총회결의부존재확인
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

Article 10 (Joining Council)

1. Any person who intends to become a partner of the partnership corporation shall submit an application for joining (or accompanying documents proving the following matters) stating the following matters:

3. Number of contribution units to be paid or to be taken over and the subject property of contribution

3. Where the corporation of a cooperative receives an application for joining of a cooperative member or an associate cooperative member under paragraphs (1) and (2), it shall decide at the general meeting whether to join the cooperative member or an associate cooperative member and, when it approves an application for joining, it shall notify the applicant for joining the application and have him/her pay contributions (referring to the transfer of property which is the object of investment, and the grant of registration, registration and other documents related thereto, if necessary; hereinafter

4. An applicant shall be qualified as a member or an associate member by paying the contribution under paragraph (3).

Article 13 (Withdrawals)

2. A member or an associate member shall withdraw from his/her membership, if any of the following grounds arises:

6) If all shares are transferred, the members of Article 25 (Prohibition of Transfer, Acquisition and Share of Shares) cannot transfer, acquire and hold shares without the approval of the General Assembly. Article 26 (Refund of Shares upon Withdrawal)

1. Where partners withdraw, the equity of the partners shall be refunded in cash or in kind;

Article 38 (Officers) The following officers shall be placed in the partnership.

1. One representative director;

2. Two directors;

3. One auditor shall be elected from among the members of a general meeting by resolution;

Article 42 (Duties of Officers)

3. Directors shall act as proxy for the representative director and act as proxy for him in the order as determined in advance by the board of directors; and

Article 49 (Convocation of General Meeting)

2. An extraordinary general meeting shall be convened at the request of at least 1/3 of the members or as the board of directors deems it necessary;

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