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(영문) 부산지방법원 2019.10.16 2018나2520
관리비
Text

1. The defendant (Counterclaim plaintiff) filed by this court shall be dismissed.

2. The extension by this court.

Reasons

1. Judgment on the main lawsuit

A. The Defendant’s judgment on the defense before the merits submitted the instant lawsuit as the Plaintiff’s representative, but C cannot be deemed to have the status of acting director at the time, and thereafter, D appointed as the president acting director has no legitimate power of representation. Thus, the instant lawsuit is asserted to the effect that it is unlawful.

Article 52 (1) of the Rules on the Management of Plaintiffs 52 (1) of the Rules shall be deemed to be reasonable if the Chairperson is unable to make a normal judgment or it is impossible for him/her to attend the office for at least one week, considering the following: (a) the fact that the Plaintiff filed the instant lawsuit on December 20, 2017 with his/her acting director is apparent in the record; and (b) the overall purport of the pleadings is as follows: (c) evidence Nos. 4, 18-1, 2, and 22 through 24; and

1.Members designated by the Chairman,

2. Where the chairperson is not designated, the duties shall be performed by proxy in the order of persons elected by the board of directors, but the period for performing such duties shall not exceed one month.

Article 53(1) provides to the effect that “Where the period of deferment of the president is deemed to exceed one month, or the period of acting as an agent exceeds one month, the Management Committee shall immediately appoint an acting representative and constitute an election commission and appoint a deputy chairperson at the special meeting.

The facts of "the plaintiff's management committee, the resolution was made to appoint D as a new chairperson acting for the chairperson on July 26, 2018 pursuant to Article 53 (1) of the management rules, and on March 27, 2019, the election of the chairperson of the management body was held on a special general meeting on March 27, 2019, but the chairperson was not elected due to lack of the number of votes. The resolution was made to appoint C as the chairperson acting for the chairperson on March 28, 2019. The plaintiff's board of directors adopted the ratification resolution on May 7, 2019. The plaintiff's board of directors held an extraordinary general meeting on June 26, 2019 and held an election of the chairperson of the management body, and E is the chairperson.

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