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(영문) 대구지방법원 2016.09.30 2016가합201597
정기총회결의 무효 확인 청구
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. The defendant is a nonprofit corporation established for the purpose of improving the economic, social, and cultural status of its members by providing members with necessary skills, funds, materials, and information, and by promoting the expansion and facilitation of the marketing of livestock products produced by its members. The plaintiff is a representative of the defendant's members.

B. Around February 19, 2016, the Defendant sent a notice of holding the annual meeting in 2016 to the representatives belonging to the Defendant. (c) Around February 26, 2016, the Defendant held the annual meeting in 2016 while 47 incumbent representatives were present at the regular meeting in 2016. Around February 26, 2016, the Defendant passed a resolution of the “approval of the annual meeting in 2015 (Bill 1)” and the “Revision of the Rules on the Settlement of Accounts (Bill 2) for the Remuneration of Officers and Compensation for Actual Expenses” (Bill

(hereinafter the above general meeting in 2016 is referred to as the “instant general meeting,” and each of the above resolutions is referred to as the “instant resolution”).

Relevant provisions of the defendant's articles of incorporation are as follows:

Article 32 (Regular General Meeting) An ordinary meeting shall be convened by the president of the partnership within two months after the end of each fiscal year.

Article 36 (Notice of Convocation of General Meeting) In order to convene a General Meeting, a notice of convocation of a General Meeting stating the purpose, agenda items, and date of the meeting shall be sent to members no later than seven days prior to the

Provided, That when a general meeting is convened again for the same purpose, it shall be notified by the day preceding the opening.

Article 37 (Matters subject to Resolution at General Meeting) (1) The following matters shall be subject to resolution at General Meeting:

7. Establishment, amendment, and repeal of bylaws;

9. Business report, statement of financial position, statement of profit and loss, statement of surplus, and disposition of deficit; 11. The remuneration of executives and the reimbursement of actual expenses (the opening of a general meeting and the quorum for a resolution) Article 38 [Article 38] (1) Except as otherwise provided for in this Articles of incorporation, the proceedings of the general

Article 42 (Request, etc. for Revocation of Resolution)

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