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(영문) 대전지방법원 2018.11.27 2017나113165
손해배상(기)
Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. The total costs of the lawsuit shall be borne by C.

purport.

Reasons

1. Facts of recognition;

A. The Plaintiff’s composition is a clan in which the descendants of D 14 years of age are members of the clan.

E had overma F, Hanam G, and Hanam H, and F's own descendants 1, 2, and H's own descendants 3 times.

B. A resolution 1 on August 18, 2013 was adopted by the president of the Plaintiff clan, but the J, the president of the Plaintiff clan, died on May 25, 2013, and on behalf of the president of the Plaintiff clan on his/her behalf. 2) A issued a notice of convening an extraordinary general meeting to the members of the clan on August 2, 2013, and the Plaintiff held an extraordinary general meeting on August 18, 2013.

While revising the rules of the plaintiff at the above special meeting, K as the chairperson, and K as the vice-chairperson, L, M, N, P, Q, R, M, and T as a director, U, and V as the auditor, and W as the general director.

C. 1) The appeal court dismissed the Plaintiff’s claim seeking confirmation of invalidity of the “resolution on the amendment of the Code and the appointment of directors” among the resolution on the special general meeting of August 18, 2013, which was filed by I, and sought confirmation of invalidity of the resolution to appoint an executive officer (Seoul District Court Hong Branch Branch of the Daejeon District Court 2013Gahap1652). However, in the first instance court, I’s claim was dismissed, and I appealed appealed (Seoul High Court 2014Na1995). (2) The appellate court rejected the Plaintiff’s claim seeking confirmation of invalidity of the “resolution on the amendment of the Code and the appointment of directors” among the resolution on the special general meeting of August 18, 2013, and dismissed the appeal filed by I as it was final and conclusive on December 23, 2015 (Supreme Court Decision 2015Da57555).

On November 22, 2015, 42 of the Plaintiff, convened by the resolution of the general meeting of shareholders of November 22, 2015, 42 of the Plaintiff, present at the general meeting of shareholders of November 22, 2015, 74 of the power of attorney, and submitted 74 of the power of attorney. C as the chairperson, K as the vice-chairperson, W B as the general secretary, X as the vice-general (financial affairs), and V as the auditor.

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