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(영문) 서울고등법원 2021.03.26 2020나2016912
회사에 관한 소송
Text

All appeals by the Defendant’s Intervenor against the Plaintiffs are dismissed.

The costs of appeal shall be borne by the defendant assistant.

Reasons

1. Basic facts

A. The Defendant, as an independent cooperative of a national agricultural manager, is an incorporated association established to promote the scientific development of production technology, to promote management, to advance distribution, and to enhance the rights and interests of farmers and fishermen, as an independent articles of association and regulations on election management.

2) The Defendant has a general meeting and board of directors as a decision-making body, and has an executive officer, such as the National Federation Chairperson (representative), Vice-Chairperson, and director, etc.

The defendant's general assembly consists of the president of the National Federation, vice president of each Do Federation, president of each Do Federation, president of each Special Metropolitan City and each Metropolitan City Federation, president of each Si/Gun/Gu Federation, and proportional representation.

Representatives have voting rights, suffrages, etc. at the general meeting, and the fixed number of representatives in 2018 was 326.

3) The Plaintiffs are the representatives of the Defendant.

B. On December 20, 2018, the Defendant held a general meeting of the general meeting of shareholders (hereinafter “instant general meeting of shareholders”) on December 20, 2018 and held the National Federation Chairperson’s election (hereinafter “instant election”) to decide on the election of executive officers of the 19th election, which was proposed as the agenda under subparagraph 3.

In the election of this case, 290 of the 326 general election was cast by 326 persons, and the intervenor was elected to the 151 votes and the 137 votes for the 288 votes except two invalid votes and elected to the 19th National Federation Chairperson.

The chairman of the Defendant's election management committee announced the above ballot counting results and the election of the participants to the National Federation Chairperson and reported it to the general meeting.

2) Article 39(1)1 of the Defendant’s Articles of Incorporation provides that the National Federation Chairperson may be reappointed only once for a two-year term of office.

The Intervenor determined that the Plaintiff was elected as the 18th National Federation Chairperson on March 31, 2017 and performed the president’s position. As such, the Intervenor was the 19th National Federation Chairperson on March 31, 2019.

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