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(영문) 서울고등법원 2016.07.14 2016나2989
임원지위부존재확인 등
Text

1. The defendant's appeal is all dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The parties concerned are the clans comprised of K's descendants.

The Plaintiffs were Defendant Vice-Chairperson, L, M as Defendant adviser, N, andO, respectively, from 201 to 10 October 2013 as Defendant Director.

B. Chapter 3 executives of the defendant's bylaws, Article 7 (Composition) of the main text of the defendant's bylaws shall have the following officers:

1. One chairperson;

2. Three vice-chairpersons;

3. A small number of advisers;

4. 전의 전의(典儀) : 종중의 제례, 의식 등 절차를 맡아 진행하는 사람 1명

5. Not more than 20 directors (including the chairperson, group and standing director);

6. Two auditors.

7. One general director;

8. The term of office of one financial director and the officers of the principal time under Article 8 (Term of Office) shall be two years and he/she may be reappointed;

Provided, That the term of office of officers by boats shall be the remainder of the term of office.

Article 9 (Appointment) The officers of the plenary session shall be appointed as follows:

1. The Chairperson, Vice-Chairperson, and auditor shall also receive the approval of the general meeting by selecting a person who has no defect or fault to the extent that his/her reputation is good for lighting, as a result of the election of the board of directors;

2. Directors shall be appointed by the president in consideration of the degree of proportionality and the number of members in the middle of a small run;

3. The secretary general or financial directors shall be appointed by the chairman from among the directors;

4. The adviser shall be appointed by the Chairman at the meeting of the board of directors with the consent of the chairman.

10(Duties)The functions of officers of the Board shall be to:

1. The chairperson shall represent the principal meeting, exercise overall control over all kinds of affairs, and preside over the principal meeting;

2. The vice-chairperson shall assist the chairperson, and the vice-chairperson designated by the chairperson shall act on behalf of the chairperson;

Provided, That if the Chairperson is vacant, the vice-chairperson designated by the board of directors shall act on behalf of the Chairperson.

6. An adviser shall respond to a request for advice of the chairperson, and may attend a meeting and make proposals as necessary.

Chapter 4. The types of meetings of the plenary session are as follows:

1. General meetings:

(a) A general meeting;

(b) An extraordinary general meeting;

2. Board of directors;

3.Other meetings of the plenary session (other than paragraphs 1 and 2 of this Article) shall be held by the plenary session.

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