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(영문) 대구지방법원 2016.12.09 2016가합200471
총회결의무효 확인의 소
Text

1. The Defendant’s extraordinary general meeting dated November 28, 2015 and the draft resolution of the attached general meeting at the ordinary meeting of January 1, 2016.

Reasons

1. Facts of recognition;

A. The Defendant’s paper members, including the Plaintiff, C, D, and E

B. Around April 201, the Plaintiff was appointed and worked as the president at the Defendant’s general meeting and the term of office expires, and thereafter F was elected as the president of the Defendant at the special general meeting held around September 20, 2014. However, as of September 20, 2014, where C elected F against the Defendant as the Defendant’s president, the special general meeting held on September 20, 2014, which was held by C as of September 20, 2014, was null and void ( Daegu District Court 2015Gahap20132) and the Defendant accepted the above claim on October 6, 2015, and the said lawsuit was concluded at that time.

C. Since then, the Defendant: (a) on November 28, 2015, via the “Guidebook” in the name of C (hereinafter “Guidebook”); (b) on January 1, 2016, through the “Guidebook and Guidebook” in the name of the president D, the Defendant continued to hold the general meeting (hereinafter “one-month general meeting”); and (c) on March 5, 2016, the “Guidebook for Holding the special meeting” in the name of the Speaker E and the “Guidebook for Holding the special meeting” in the name of Speaker E; and (d) on March 5, 2016, the “three-month general meeting” is called the “each general meeting.”

(D) Each meeting was held. A resolution on the first agenda stated in the resolution of the attached Assembly, such as the selection of C as the chairperson of the defendant at the meeting in November and January, was made, and a resolution on the second agenda indicated in the attached Table, such as the selection of E at the meeting in March as the defendant's language, was made. E. Meanwhile, the defendant's clan rules provide that the chairperson of the general meeting shall convene the meeting, and the defendant's interest and interest shall be E. [based on recognition] without dispute, Gap evidence 7 (including the serial number, Gap, No. 10, 11, 16, Eul evidence 1 and 4.

2. Determination

A. In order for the resolution of the general meeting for the appointment of a clan representative to be valid, since the general meeting is required to be convened by a legitimate convening authority, the clan general meeting does not comply with the clan regulations.

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