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(영문) 춘천지방법원강릉지원 2019.12.10 2019가합30245
임시총회결의 무효확인
Text

1. The Defendant confirms that a resolution on the attached agenda entered in an extraordinary general meeting is null and void, which was made by the Defendant on January 11, 2019.

2...

Reasons

1. Indication of claim;

A. Article 24(2) of the Defendant’s Code provides that “A general meeting shall be held with attendance of a majority of the incumbent members, and a resolution shall be made with the consent of a majority of the members present,” and the Defendant’s registered members shall

B. On January 11, 2019, the resolution on the agenda item in the separate sheet (hereinafter “the resolution of this case”) was made by the Defendant on January 11, 2019, 212 members were directly present at the Defendant’s place of the extraordinary general meeting or delegated voting rights. However, at the time of the resolution of this case, some of the members were out of the meeting, and only 133 or 138 members were not more than 208 members, who were the majority of the incumbent members at the time of the resolution of this case. Nevertheless, the Defendant was the head of the instant general meeting, and the Defendant publicly announced

C. The quorum for the proceedings must be maintained through the whole process of the resolution (Supreme Court Decisions 93Da4089 delivered on November 22, 1994; 98Da63841 delivered on March 26, 199). An extraordinary general meeting held by the Defendant on January 11, 2019, which was held on January 11, 2019, was held by presenting the agenda while some of the members leave the meeting and fails to meet the quorum as stipulated in the bylaws, and is null and void due to a serious procedural defect. As long as the Defendant asserts the validity of the resolution in this case, the Plaintiff, who was an auditor of the Defendant, has legal interest in seeking confirmation of invalidity of the resolution in this case.

2. Article 208 (3) 2 of the Civil Procedure Act (in a case where the applicable provisions of Acts are deemed to exist);

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