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(영문) 서울동부지방법원 2015.11.06 2014가단44957
손해배상(기)
Text

1. The Defendant’s KRW 9,872,094 with respect to the Plaintiff and KRW 20% per annum from September 20, 2014 to September 30, 2015.

Reasons

The defendant asserts that the lawsuit of this case is unlawful because it is not a legitimate representative of the plaintiff's representative temporary president C, since it is not a legitimate representative of the plaintiff.

According to Gap 38, 40, 58, 59, and Eul 2, the plaintiff is a nonprofit corporation established under the Credit Unions Act. The defendant was working for the plaintiff's president from February 28, 2012. Some of the plaintiff's employees asserted that the defendant committed misconduct in the performance of his/her duties and attempted to retire from the defendant. The plaintiff's member C requested the convening of an extraordinary general meeting for the purpose of removing the standing president and the executive officer from office on April 10, 2014, on the ground that the consent of at least 1/5 of the union members should be obtained, but the defendant did not comply with the request; C requested the convening of an extraordinary general meeting for the same purpose against the plaintiff's auditor on April 16, 2014; C did not comply with the request; C did not convene an extraordinary general meeting for the same purpose on the premise that it would be dismissed from the office of the plaintiff's president on April 17, 2014; and C convened the remaining general meeting on the premise that it will be dismissed from the plaintiff's.

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