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(영문) 부산지방법원 2015.05.15 2015가단6711
대표자지위채무부존재확인
Text

1. The defendant confirms that the defendant is not in the status of the representative of the C Service Association as an incorporated association.

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

Reasons

1. Facts of recognition;

A. On May 20, 2013, the Defendant is a person appointed as the president of the 3rd Association, an incorporated association (hereinafter “instant prosperity”). The Plaintiff is the former president of the instant prosperity.

B. The audit D and E of the instant prosperity (hereinafter “audit D, etc.”) received a request from 26 representatives, among 44 total representatives, to convene an extraordinary meeting for the composition of a non-Confidence and an extraordinary countermeasure committee on the present executive organ, the Defendant, who is the president, for the resolution of the Defendant’s embezzlement and breach of trust.

C. On July 25, 2014, the auditors D, etc. intended to submit a notice of a request for convening an emergency board of directors to the instant prosperity conference, but the receipt was rejected, and on July 28, 2014, sent to the Defendant, who is the representative, a letter of notice demanding the convening of an emergency board of directors to convene an extraordinary meeting by content-certified mail.

However, on August 5, 2014, the Defendant informed the Defendant on August 13, 2014 that he/she would hold an extraordinary general meeting. On August 13, 2014, he/she directly convened an extraordinary general meeting (hereinafter referred to as “instant general meeting of delegates”) on August 13, 2014.

E. At the general meeting of the representative of the instant case, the resolution of non-Confidence on all members of the present executive organ including the Defendant and the resolution of the non-Confidence committee consisting of the Plaintiff as the chairperson with the consent of all members present at the meeting of 28 representatives among the delegates.

F. The articles of association and business regulations of the prosperity of this case are as follows.

[General Official] Article 14 (Method of Election of Chairperson, Vice-Chairperson, Auditor, and Directors) (1) Election of Chairperson, Directors, and Auditors shall be elected with the consent of more than a majority of the delegates and with the consent of more than a majority of

(5) If more than a majority of the delegates attending a meeting is a non-Confidence resolution due to a non-Confidence resolution of the chairperson, the election shall be invalidated.

Article 20 (General Meeting) The general meeting of plenary session shall be a regular general meeting of delegates.

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