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(영문) 서울북부지방법원 2018.12.13 2018가합21689
회사에 관한 소송
Text

1. Ascertainment that each resolution of the Assembly in the Defendant’s separate list is invalid.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. The Defendant is an incorporated association for the academic, research, and investigation of natural resources and ecosystems and cultural heritage in the crisis of destruction, and for legislative petition-related projects for the permanent preservation and equitable use thereof.

Plaintiff

A is the chief director of the defendant, the plaintiff B was the joint representative and director of the defendant, and the rest of the plaintiffs were the defendant's directors.

B. On November 25, 2017, the Defendant’s representative, who opposed to the previous board of directors, including the Plaintiff A, requested the Plaintiff A, who was the president of the Defendant, to convene an extraordinary general meeting.

C. As Plaintiff A refused to hold an extraordinary meeting, on November 30, 2017, the emergency expansion joint meeting publicly announced the Defendant’s holding of the extraordinary meeting on December 9, 2017, on the following agenda: “(i) the case of the total resignation of Defendant director, ② the case of the organization of the Defendant Emergency Countermeasures Committee, ③ other member recommendation agenda.”

In an extraordinary general meeting held on December 9, 2017, the Plaintiffs, including the Plaintiffs, passed a resolution to dismiss the former directors and chief directors of the Defendant, and constituted an emergency countermeasure committee on behalf of the board of directors until the ordinary general meeting of 2018 and appointed its members.

(e) The Emergency Countermeasure Committee on February 8, 2018

2. On 24. 24. The defendant's general meeting was publicly announced.

On February 24, 2018, the defendant adopted a resolution to appoint a new director, joint representative, president, etc. of the defendant at an ordinary general meeting.

F. The Defendant’s main articles of association relating to the instant case are as follows.

Article 19 (Types and Convocation of General Meetings) The general meeting shall be divided into the general meeting and the extraordinary general meeting, and the chairperson of the general meeting shall convene the general meeting no later than the end of March each year, and the chairperson of the general meeting shall convene the general meeting when requested by the

1. Where not less than 1/3 of the members make a request;

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