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(영문) 광주지방법원 2016.07.01 2015가합2883
해임결의무효확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and the Defendant’s relationship are corporations established under the C Business Act for the purpose of promoting the sound development of C Business and the common interest of members based on friendship and unity among the C Business Operators in the area south of South Korea, and the Plaintiff is a person who served as the Defendant’s 25 and 26 chief executive officers from April 1, 2008 to March 31, 2015.

B. The Defendant’s resolution of dismissal against the Plaintiff (1) was held on February 26, 2015, the Defendant’s board of directors held on February 26, 2015, one month prior to the expiration of the Plaintiff’s term of office, and “matters relating to the amendment of the Articles of Incorporation and the Regulations on the Election Management of Executive Officers” was partly amended by the Articles of Incorporation, i.e., three to 2 of the Defendant’s vice-president, reduction of the number of directors from 18 to 15, and reduction of the number of executive officers from 4 to 3 years, and the provisions on the election management of executive officers included the limitation of eligibility for election

As to this, directors D and E raised an objection to the purport that the amendment of the articles of incorporation is unnecessary, and that the scope of “person related to illegal increase in the articles of incorporation is not clear.” However, with respect to the amendment of the articles of incorporation, the Plaintiff declared that the scope of “person related to illegal increase in the articles of incorporation” should be determined through the written resolution of the members of the Defendant and that the above agenda was passed by the election commission.

(2) However, the written consent to the amendment of the articles of incorporation, carried out on March 2015, was rejected, and the Defendant’s election procedure for the 27th president was carried out in accordance with the existing articles of incorporation.

On March 11, 2015, the Plaintiff commissioned F, G, H, I, and D including himself as an election management member of the foregoing election. The Plaintiff became the chairman of the election management committee. On the same day, the first election commission was held to determine the election day on March 31, 2015.

(3) The above election was run by G, J, K, and L, and the election commission led by the Plaintiff against J on March 27, 2015.

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