logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.05.17 2017가합52879
대표자지위부존재확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The status of the parties 1) Defendant P&A (hereinafter “Defendant P&A”)

(2) The Plaintiffs B, C, and D are all the Defendant’s entire members, who received the decision of expulsion from the disciplinary committee of the Defendant Union held on November 18, 2016 (the foregoing decision of expulsion became final and conclusive on December 8, 2016), and the rest of the Plaintiffs are the members of the Defendant Union.

B. Resolution 1 on November 14, 2016, the number of the members of the Defendant Q, including Plaintiff A and C, requested on November 14, 2016 to convene an extraordinary general meeting consisting of the Plaintiff A and C, and did not have been accepted. (2) Accordingly, on December 1, 2016, the Plaintiff A and C, who directly convened the extraordinary general meeting, became the non-Confidence holder, announced the convocation of the extraordinary general meeting consisting of the non-Confidence agenda with Defendant Q, and the non-Confidence resolution on the non-Confidence agenda was made on December 8, 2016 at the extraordinary general meeting held around December 8, 2016.

C. Around November 15, 2017, when the instant lawsuit was pending, Defendant Q resigned from the position of the president of Defendant Q and the third president’s election. Around November 15, 2017, Defendant Q retired from the position of the president of the Defendant Cooperative. Around November 25, 2017, Defendant Q was elected as the third president from the above election held on November 25, 2017 to the third president.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 8, 10, 11, 12, 16, Eul evidence Nos. 4 through 13, 33 through 39, and the purport of the whole pleadings

2. Whether the plaintiffs' requests for amendment, such as the plaintiffs' claims, are approved or not;

A. The Plaintiff’s amendment details of the Plaintiffs’ claim 1 is valid through the original complaint of this case, and the non-Confidence resolution for Defendant Q, which was made on December 9, 2016.

arrow