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(영문) 서울동부지방법원 2017.08.24 2016가합111278
총회결의무효확인의 소
Text

1. A resolution made by the Defendant with respect to each item of agenda indicated in the separate sheet at the extraordinary general meeting of October 31, 2016 is null and void.

Reasons

Basic Facts

The defendant is a juristic person established on February 19, 2016 for the development of C in accordance with the Public Health Control Act. The plaintiff is a person who was appointed and worked as a director at the time the defendant was established, and D is a person who served as a director of the defendant.

After the establishment of the defendant, the plaintiff was in conflict with some executive officers and sub-executives including D with the issue of qualification for regular members, management of part of the branch's operating expenses, qualification of some sub-executives, etc., and D filed a complaint against the plaintiff for defamation and embezzlement.

From August 26, 2016 to August 29, 2016, part of the Do branches, a defendant-affiliated organization, selected the total of 19 representatives to attend the general meeting of the National Federation at the rate of one representative per 20 regular members as follows:

On September 5, 2016, the 19 representatives selected as the Do Do Subdivision's 41 persons E, F 54 persons G, H Gyeong-do 51 persons G, H Gyeong-do 37 persons K-do 53 persons K-do 154 persons D, N,O, P, Q, R, S Cheongdo 75 persons T, U, and V (hereinafter referred to as "conveners") were sent to the Plaintiff at the time of the request for convocation and convening a special meeting to dismiss all the chairpersons and directors under the current term of office and to elect them newly.”

Nevertheless, on October 6, 2016, when the Plaintiff did not call an extraordinary general meeting, the requesting person requested the Plaintiff to call an extraordinary general meeting to discuss the same item as the title of “the case of convening an extraordinary general meeting for the election of officers (director),” under the title “the head of an incorporated association B (representative), vice-chairperson, director, and auditor), dismissal and new president (representative director), director, director (director, director, and auditor),” by facsimileing the Plaintiff. However, the requesting person requested the convocation to call an extraordinary general meeting on October 13, 2016.

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