logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2019.02.14 2018나2041731
회장선출결의,총회결의무효확인 등
Text

1. The defendant assistant intervenor's appeal is dismissed.

2. The total cost of the lawsuit after the filing of the appeal is the defendant supplementary intervenor.

Reasons

1. Determination ex officio as to the representative's power of representation

A. The following facts may be acknowledged by the recording or by the purport of the whole pleadings:

1) The Plaintiff, A, and B (hereinafter “Plaintiff, etc.”)

(2) The Defendant’s assistant intervenor filed the instant lawsuit by indicating the Defendant’s representative acting for the president as “I.” The Defendant’s assistant intervenor filed an application for the correction of a party indication with the content that the Defendant’s representative acting for the president from “I” to “O.” The Defendant’s member, as the Defendant’s representative acting for the president, called an extraordinary meeting on March 2, 2018, and A was elected as the Defendant’s president from the above extraordinary meeting.

3) The Plaintiff filed an application with the Seoul Central District Court 2018Kahap2030 against Defendant, A, R, Plaintiff, S, T, and U for a provisional disposition suspending the validity of a general meeting or suspending the performance of duties on May 9, 2018, on the grounds that the Plaintiff did not have the authority to convene the said special meeting. The said court rendered a decision to dismiss the said application on May 9, 2018. Accordingly, the Plaintiff, etc. filed an appeal with Seoul High Court 2018Ra20604, but rendered a decision to dismiss the said application on October 11, 2018.

B. According to the above facts, it is difficult to view that there is an illegality in the procedures and contents of the Defendant’s convocation and resolution of the extraordinary general meeting on March 2, 2018, and unless there is no evidence to deem otherwise that the resolution of the said extraordinary general meeting is null and void, A elected as the president of the said extraordinary general meeting shall be deemed the

2. Determination on this safety defense

A. The Plaintiff’s assertion is an appeal filed against the Defendant’s Intervenor after the date of service of the written withdrawal of the lawsuit against the Defendant’s Intervenor and the period for objection has expired. The Defendant’s Intervenor submitted an application for participation in the lawsuit on November 15, 2016, and does not file an appeal as the supplementary intervenor.

arrow