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(영문) 서울중앙지방법원 2014.04.25 2013가합57585
전임회장의 긴급처리권 부존재확인 등
Text

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

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

Reasons

1. Basic facts

A. The Defendant, at the Assembly of April 4, 2010, appointed C as the president, H and E as the vice president, and around that time, appointed I as the president, D, J, G, and K as each director. On April 30, 201, the Defendant appointed the Plaintiff and L as the auditor at the Assembly of April 30, 201.

According to the defendant's articles of incorporation, the term of office of the chairperson, vice-chairperson, and directors (including general directors; hereinafter the same shall apply) shall be three years, and that of the auditor is two years. The term of office of the chairperson, vice-chairperson, and directors of C, etc. shall expire on April 3, 2013, and that of the auditor, such as the plaintiff, etc.

B. On March 12, 2012, the Defendant decided to grant the general assembly membership to the clan members registered on the clan members registry.

C. The Defendant held a regular general meeting on March 23, 2013, but the Defendant’s chairperson, the president of the Defendant, shall attend the general meeting in accordance with Article 16(2) of the articles of incorporation in order to hold the general meeting. In addition, 23 members of the clan were present on the grounds that only 23 members of the clan were present on the basis of persons registered in the register of members of the clan prior to the date of the above general meeting.

On April 28, 2013, the Plaintiff, as the Defendant’s auditor, held a general meeting on the following issues: (a) the case of the approval of the settlement of accounts for the fiscal year 2012; (b) the case of the audit report for the fiscal year 2012; (c) the case of the business plan for the fiscal year 2013; (d) the case of the approval of the budget; and (e) the case of the election of officers, such as the president, etc.; (e) however, there was an objection to the Plaintiff as to whether the Plaintiff has the authority

E. On July 20, 2013, C held a temporary general meeting as the Defendant’s former president, and the above general meeting passed a resolution to approve business performance and settlement of accounts in 2012, audit reports, approval of the draft business plan and draft budget compilation in 2013, and passed a resolution to appoint C as the president, D, E as vice presidents, G, and F as auditors.

F. The provisions pertaining to this case in the defendant's articles of incorporation are as follows.

§ 4 (Qualification).

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