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(영문) 광주고등법원(전주) 2016.11.10 2016나405
감사해임의결무효확인
Text

1. The part against the defendant, which became final and conclusive by the judgment of remand among the plaintiff's damages claims added by the court prior to remand.

Reasons

1. Scope of the judgment of this court;

A. On November 30, 201, the Plaintiff sought confirmation of invalidity and revocation of the resolution in the first instance court’s dismissal order, and sought confirmation of invalidity of the resolution in the first instance court’s dismissal order as of November 30, 201, and ② on February 10, 2012, the first instance court dismissed the claim for confirmation of invalidity of the resolution in the dismissal order as of November 30, 201, and sentenced all other claims dismissed.

B. On the other hand, the Plaintiff filed an appeal and sought confirmation of invalidity or revocation of the resolution on dismissal of auditors as of November 30, 201 before remanding, and sought confirmation of invalidity as to the resolution on appointment of auditors as of February 10, 2012. In addition, the Plaintiff’s audit and inspection against the Defendant and the Plaintiff’s payment of damages due to the Defendant’s unlawful act (the claim for damages due to the name of a member of an association which was a cause of the claim, the claim for damages due to the resolution on dismissal of auditors as of August 9, 201, and the claim for damages due to defamation as of November 30, 201, and the judgment prior to remand partially citing the claim for damages due to the expulsion of members, and the claim for damages due to the resolution on dismissal as of August 9, 201, and the remainder of the claim for damages due to defamation and dismissal as of November 30, 2011.

C. As to the judgment against the Plaintiff prior to remand, the Defendant appealed to the part against the Plaintiff, respectively, and the Supreme Court reversed the claim for damages due to the decision to dismiss the auditor on August 9, 201, among the judgment against the Defendant prior to remand, and remanded this part of the case to the trial court, and dismissed the Plaintiff’s appeal against the part against the Plaintiff.

The judgment of the court prior to the remand shall be rendered with respect to the part against which the defendant lost, excluding the above part of reversal and return.

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