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(영문) 춘천지방법원속초지원 2017.12.07 2016가합300185
해촉결의 무효확인의 소
Text

1. Ascertainment that the Defendant’s resolution to dismiss each member of the Plaintiff A, B, C, D, F, and G on April 19, 2016 is null and void.

2...

Reasons

1. Basic facts

A. Defendant Committee and Article 7 (Entry and Disqualification) of the Plaintiffs

2. Where a member performs any of the following acts, the chairperson shall dismiss him/her with the consent of a majority of the operating members through the Steering Committee:

1) When the commission’s purpose and the promotion of its project are committed, 2) when it damages its dignity as a member, 4) when it is deemed inevitable for its member’s activities due to personal illness or any other reason, 6) when promoting mutual confidence among its members or instigates its members, the commission shall have the following operating members under Article 10 (Composition of Operating Committee):

1. One chairperson;

2. One vice-chairperson;

3. One secretary general;

4. A finance (or a deputy secretary-general).

5. A number of operating members: Article 17.

2. An extraordinary general meeting shall be held at the request of at least 1/3 of all incumbent members or when the chairperson deems it necessary;

1) The Defendant (hereinafter “Defendant Committee”) whose members are the Plaintiffs.

(2) On January 7, 2016, the Defendant Committee held a general meeting of shareholders (hereinafter referred to as “instant general meeting of shareholders”) on January 7, 2016 and held a meeting of shareholders on January 25, 201. As a result, J obtained 10 marks 10 marks, K 9 marks and L 6 marks, and J was elected as the Chairperson.

(B) At the time of (No. 5) 3, the ballot paper with the “” mark was affixed to K, and then again marked “x” to J. However, M in charge of the above election was recognized as having been obtained by J by deeming that the above ballot paper was valid. (B) The Defendant Committee’s dismissal resolution 1 on April 12, 2016 against Plaintiff E was in dispute with Plaintiff E at the monthly meeting held on March 3, 2016, and Plaintiff E was on March 4, 2016.

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