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(영문) 광주지방법원 2016.06.30 2015가합4766
총회결의 등 무효확인
Text

1. On November 10, 2015, the Defendant, at an extraordinary general meeting of the Republic of Korea (two vice-presidents, and 18 directors), shall be subject to C.

Reasons

1. Basic facts

A. The Defendant is a juristic person established to promote the sound development of the F business and the common interests of members based on the friendship and unity between the F business operators in the area south of the Republic of Korea, and the Plaintiff’s representative director G (hereinafter “Plaintiff representative director”) is a member of the Defendant.

B. Nonparty H filed an application against the Plaintiff’s representative director for the suspension of the performance of duties and the provisional disposition of the appointment of an acting representative director under this court’s 2015Kahap353, and this court rendered a provisional disposition on August 5, 2015 that the Plaintiff’s representative director should not perform his duties as the Defendant’s acting representative director, and that Nonparty I is appointed as the Defendant’s acting representative director.

C. On September 17, 2015, I convened the Defendant’s board of directors with the permission from this Court to convene a board of directors and an extraordinary general meeting (this Court 2015 non-conforming5010) for matters concerning the organization of the Defendant’s executive election commission (hereinafter “election commission”).

On October 8, 2015, the defendant's board of directors constituted a senior executive officer and adopted a resolution to convene an extraordinary general meeting including matters concerning the election of executive officers.

E. On October 15, 2015, the Defendant’s election commission publicly announced the following matters concerning the election of executive officers (hereinafter “instant election of executive officers”).

B

F. On October 29, 2015, I urged the Plaintiff to attend an extraordinary general meeting by notifying the Plaintiff of the holding of the extraordinary general meeting.

G. In a special meeting held on November 10, 2015 (hereinafter “instant special meeting”), the Defendant elected Nonparty J, Nonparty K, Nonparty L, and M, respectively, at the general meeting held on November 10, 2015 (hereinafter “instant special meeting”). A resolution was made to the effect that “unelective executives (two vice-presidents and eighteen directors) constitute C and to delegate the election of executives to the same committee” (hereinafter “instant general meeting resolution”), and that C constituted five members, including J and K.

In addition to the resolution of the instant general meeting, “matters concerning approval of the settlement of revenues and expenditures in 2014” and “matters concerning approval of the business plan in 2015” and “matters concerning approval of the plan.”

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