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(영문) 부산지방법원 2016.06.22 2015가합3368
정기총회결의무효확인
Text

1. The Defendant’s resolution of the general meeting of the delegates of June 13, 2013, the resolution of the general meeting of shareholders of March 31, 2014, and the resolution of June 17, 2015.

Reasons

1. Basic facts

A. On September 12, 2007, the Defendant related to the parties changed the name as “E Cooperatives” on June 28, 2013 to a consumer cooperative that obtained authorization to establish the name “F Cooperatives” under the Consumer Cooperatives Act, and the Plaintiffs are the representatives of the Defendant’s members.

B. On June 13, 2013, the opening and resolution of the general meeting of the delegates held on June 13, 2013, and the Defendant held the general meeting of the delegates. The minutes and the list of shareholders of the above general meeting include the following: (a) 5 of the 105 total representatives present at the meeting and 55 of the 105 total representatives present at the meeting, stating that “cases of change of name, removal of officers, resignation and good faith, cases of the relocation of the branch office, cases of the relocation of the branch office, cases of approval of loans, debts, and cases of succession to the contributions.”

C. On March 31, 2014, the Defendant held a general meeting of partners and passed a resolution on March 31, 2014, the Defendant held a general meeting of partners on March 31, 2014. The minutes of the general meeting include the following: (a) 216 of the total number of union members present at the meeting to the effect that “the preparation of the minutes of the general meeting and notarial participants; (b) the election of union members participating in the meeting; (c) the balance sheet, the balance sheet, the statement of accounts; (d) the approval of the business report and the disposal of surplus earnings and losses; (d) the approval of the audit report; (e) the case of election of union officers, the case of election of representatives; and (e) the case of the decision on the maximum amount of loans in 2014.”

The Defendant, on June 17, 2015, held and resolved an extraordinary general meeting of the representatives on June 17, 2015, held the extraordinary general meeting. In the minutes of the said extraordinary general meeting, 62 of the total 108 representatives attend the meeting, stating that “the preparation of the minutes and the election of members participating in the application for notarial acts, the partial revision of the articles of incorporation, the decision on the maximum amount of borrowed money, the resignation and good faith of officers, the case of the resignation and good faith of officers, the amount of debts, and the case of succession to amounts receivable,” with the consent of all representatives present.

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