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(영문) 대전지방법원서산지원 2017.12.21 2016가합50022
영농조합관리에 관한 운영권 반환 청구
Text

1. Between the Plaintiff and the Defendant, and the Defendant, concluded on May 12, 2015 between the Plaintiff and the Incorporated Agricultural Company C.

Reasons

1. Basic facts

A. The Plaintiff is a stock company established on January 13, 2014 for the purpose of group cultivation, vicarious performance of farming works, lease of agricultural machinery and facilities (hereinafter “Plaintiff company”). The Defendant is a stock company established on April 23, 2004 for the purpose of consignment farming, production and sale of eco-friendly agricultural products (hereinafter “Defendant company”).

B. On October 13, 2014, the provisional general meeting of shareholders held by the Defendant Company attended as shareholders and passed a resolution to appoint D, E, and F as company directors. On the same day, D, E, and F attended as directors’ qualifications and passed a resolution to appoint D as representative director.

C. D as the representative director of the Defendant Company, on May 12, 2015, concluded an agreement on behalf of the Defendant Company with the Plaintiff Company and the Incorporated Agricultural Company C Co., Ltd. (hereinafter “C”) as indicated in the attached Form (hereinafter “instant agreement”). D.

After that, on October 23, 2015, the board of directors of the defendant company dismissed D as the representative director and made a resolution to appoint F as the representative director. On October 26, 2015, D was dismissed from the inside director and made a written resolution to appoint G as the auditor. On November 2, 2015, E was dismissed from the inside director, and H, G, and I was dismissed from the inside director, and each shareholder resolution and G was appointed as the representative director.

E. D filed a lawsuit against the Defendant Company seeking confirmation of invalidity of the resolution by the board of directors made on October 23, 2015, which dismissed D as the representative director on October 29, 2015, and appointed F as the representative director on October 23, 2015, and filed a lawsuit seeking confirmation of invalidity of the resolution by the board of directors made on December 12, 2015, which dismissed D as the court No. 2015Ga51301, which dismissed D from the inside director on October 26, 2015, respectively.

F. As of October 13, 2014, this Court held that the shareholders of the Defendant Company G (2,000 shares) and K 1.

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