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(영문) 부산지방법원 2015.07.15 2015가합41254
임시총회결의무효 확인 등
Text

1. A resolution to dismiss a plaintiff from the chairperson of the defendant at an extraordinary general meeting on November 11, 2014, and on December 5, 2014.

Reasons

Basic Facts

The Plaintiff was elected and served as the president of the Defendant around February 24, 2014, and was dismissed from the extraordinary general meeting (hereinafter “the instant special meeting”) dated November 11, 2014. The Defendant is a corporation established for the establishment of B distribution order in Busan Young-gu D and the development of sound market, and the merchants who run their businesses in B are its regular members.

On June 26, 2014, the Plaintiff, who was the Defendant’s president, agreed to receive subsidies of KRW 80,000,000 from the scamb and the scamb and the 80,000,000,000. The merchants who opposed to the agreement were organized B/L.

B around September 30, 2014, the surviving Countermeasure Committee requested the Defendant’s board of directors to hold an extraordinary meeting with the Plaintiff’s dismissal proposal, etc. on the agenda, but the Defendant’s board of directors did not hold an extraordinary meeting, and the Defendant’s board of directors constituted “B Committee for Promotion of Special General Meeting” and announced the convocation of an extraordinary meeting with the Plaintiff’s dismissal agenda on November 6, 2014, and passed a resolution to dismiss the Plaintiff from the Defendant’s chairperson at the first extraordinary meeting held on November 11, 2014 (hereinafter “instant resolution for dismissal”).

Since then, on November 21, 2014, the chairperson of the B Election Management Committee publicly announced a special election to elect the chairperson of the defendant, and held an extraordinary general meeting on December 5, 2014 (hereinafter “instant 2 special meeting”) and elected C as the chairperson of the defendant’s new president.

(hereinafter “instant election resolution”). The main contents of the Defendant’s articles of association and the election commission regulations related to the instant dismissal and election resolution are as follows.

[Articles of Incorporation (Officers) The defendant shall have the following officers:

1.The election of officers of the merchants' conference at § 21 (Election of Officers) shall be elected by one president as follows: 1. The president shall be elected by direct election of regular members:

Article 22 (Term of Office of Officers)

1. The term of office of officers shall be three years;

Article 24 (Non-Confidence of Officers)

1. The defendant's officers.

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