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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The defendant is an incorporated association established for the rehabilitation self-reliance and the enhancement of rights and interests of the disabled, and the plaintiff is the defendant's director.
B. (1) On August 22, 2012, C was appointed as the Defendant’s president on August 22, 2012, and D, E, F, and G were performing duties as the Defendant’s vice president.
(2) Defendant C had the intent to conclude a scrap metal contract without the ability to conclude a contract for the treatment of scrap metal generated from a high power plant, and had H receive KRW 82 million, and acquired it, and used the subsidy of KRW 1 million paid from the captain’s military office to the Defendant at his/her discretion and embezzled it, and received a judgment of conviction for October 12, 2014 (Seoul District Court Branch Branch Branch Decision 2014No2134, Dec. 19, 2014), and C was sentenced to a judgment of conviction for 10 months of imprisonment (Seoul Branch District Court Branch Decision 2014No2134). The final appeal is currently pending (Supreme Court Decision 2015Do585).
C. On June 30, 2014, 35 of the 50 representative members, including the Plaintiff at the extraordinary general meeting on June 30, 2014, held an extraordinary general meeting for the resolution of discharge of the president, and passed a resolution to dismiss C from office of the Defendant’s president.
(2) On November 20, 2014, on December 3, 2014, 34 of the Plaintiff’s representative, including the Plaintiff, etc., requested the Defendant to hold an extraordinary general meeting for the resolution of discharge of the president against C, and the Plaintiff issued a notice and notice of convening a general meeting as the representative on November 26, 2014. On December 3, 2014, the extraordinary general meeting held on December 3, 2014 was held by the first elected as the representative of the extraordinary meeting. The resolution was adopted to dismiss C from the position of the Defendant’s president and to apply for a provisional disposition of suspending the performance of duties against C.
Article 20 (Types and Fixed Number of Officers) of the Rules on the Articles of Incorporation of the Defendant is reasonable.