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(영문) 서울중앙지방법원 2020.09.09 2020가단5091109
회원총회비용 청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

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

1. With respect to the applicants:

Reasons

1. Basic facts

A. On February 19, 2019, the Plaintiffs and 804 other than the Defendant filed an application with the Seoul Central District Court for a temporary general meeting of members (2018Bhap3009). On February 19, 2019, the said court rendered a decision on the main contents as indicated below (hereinafter “instant decision”).

(the principal of the case refers to the defendant). State text

1. To authorize applicants to convene a temporary general meeting of members of the principal of the case, the purpose of which is the matters on the amendment of the attached Articles of Incorporation 1;

2. A [D students, Geumcheon-gu Seoul E-building, and F Hospital] shall be appointed as the chairperson of the above temporary general meeting of members.

3. The applicant's remaining claims are dismissed.

Expenses incurred in convening a new general meeting of members and provisional meeting of members and expenses incurred in filing an application shall be borne by the principal of the case.

The principal of the case in question is a G doctor's organization and is composed of regular members (a person who has paid a prescribed membership fee as a G doctor) and associate members (a person who has paid a prescribed membership fee as a doctor to treat G major and G). The applicants (806) are regular members of the principal of the case.

The number of regular members of the principal of the case shall be 3,361 if it is based on a person who has paid membership fees at least once since 2004, and there is no associate member.

On June 15, 2017, 248 applicants H et al. filed an application for a temporary general meeting of members with the “revision of the articles of incorporation and the election of the chairperson, etc.” under this court 2017 non-conforming116, but the above court dismissed the said application on July 11, 2017 on the grounds that the number of the above applicants does not exceed 1/5 of the number of the members, which are the requirements for permission of convocation under Article 70 of the Civil Act. The above applicants filed an appeal, but the above appeal court (Seoul High Court 2017Ra20791) also filed on November 30, 2017.

The appeal was dismissed on the grounds that it cannot be recognized that it constitutes more than 1/5 of the members of the General Assembly, and it became final and conclusive around that time.

(hereinafter referred to as “the case of prior application”). The applicants shall be the applicants.

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