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(영문) 전주지방법원 2016.05.04 2015가합1245
정기총회결의무효확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. On February 11, 2014, the Defendant opened a general meeting of shareholders and held the 17th president election (hereinafter “instant election”) as B Association established pursuant to Article 45(2) of the Tourism Promotion Act, and the Plaintiff and C left the meeting as a candidate for the president of the instant election.

B. As a result of the instant election, the Plaintiff acquired 40 slips and 100 slips respectively, and the Defendant decided C as a winner according to the instant election result.

C. The Plaintiff filed an application with the Defendant and C for the suspension of the effect of the resolution of the general meeting and the suspension of the performance of the president’s duties with the Jeonju District Court 2014Kahap97, but the said court received a decision of dismissal on June 2, 2014 from the said court, and filed an appeal, and the said case continues to be in force with the Jeonju High Court 2014Ra34.

A limited liability company D (hereinafter referred to as “D”) operated by the Plaintiff registered three types of domestic travel business, overseas travel business, and general travel business, thereby doing business. On July 18, 2014, the Plaintiff reported the closure of business.

E. Regarding the admission and withdrawal of a member, the Defendant’s Articles of Incorporation (amended by the ordinary general meeting of February 17, 2016) provides that “any member shall automatically lose his/her membership when the registration of a tourism business is revoked, and any special member shall lose his/her membership when expelled or withdraws from this meeting pursuant to Article 9 (Article 8(2)) and any member may be expelled through a resolution of the board of directors when he/she fails to pay his/her membership fee for at least six months (Article 9 subparag. 2).”

F. D did not pay membership fees for at least six months, and the Defendant held a board of directors on December 23, 2015, and resolved to the effect that “any member who fails to pay membership fees for at least six months pursuant to Article 9(2) of the Articles of Incorporation shall be expelled with a grace period of one month (by January 22, 2016) (hereinafter “instant resolution”).” (hereinafter “instant resolution”).

[Ground of recognition] Unsatisfy, Gap, 1.

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