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(영문) 서울남부지방법원 2017.04.21 2016가합103881
임시총회결의부존재확인
Text

1. Attached Form made by the Defendant on November 30, 2015

1. Ascertainment that a resolution for an extraordinary general meeting entered in the list is invalid;

2. The costs of lawsuit;

Reasons

1. Basic facts

A. The Defendant is a special corporation established pursuant to the Small and Medium Enterprise Cooperatives Act for the purpose of sound development, etc. of G on January 17, 1985. The Plaintiffs are members or directors of the Defendant, and the Defendant’s Intervenor was appointed as the president at an extraordinary general meeting of November 30, 2015 by the Defendant, and the execution of duties is suspended until the judgment of this case becomes final and conclusive.

B. On October 22, 2015, the Defendant’s 67 members, representing the Defendant’s Intervenor’s Intervenor, demanded H to convene an extraordinary general meeting consisting of the chief director, auditor, and director’s appointment, and the appointment and expulsion of the members I and J as the agenda.

C. Accordingly, around November 4, 2015, H notifies its members of the fact that it is scheduled to hold an extraordinary general meeting on the second floor of the Guro Building L2 in Guro-gu, Seoul on November 30, 2015, stating that ① the president and the auditor, the appointment of directors, ② the appointment of members I, ③ the appointment of members I, and ③ the appointment of members J.

On the other hand, H also attached the publication of the registration of candidates for executive officers, stating that “The period for recommending candidates for executive officers shall be from November 9, 2015 to November 20, 2015, and the deadline for registering candidates for executive officers shall be from November 20, 2015 to November 5, 2015.”

H around November 23, 2015, around November 23, 2015, sent a notice of special general meeting to inform the results of the registration of candidates for executive officers.

The above notice contains the content that the Intervenor’s Intervenor was registered as the candidate for the chief director, M as the candidate for the director, N and M as the candidate for the director, and Q, R and S as the candidate for the director candidate, but the above person was not qualified as candidate for the director, and it included the contents that the above person cannot accept the registration.

In addition, the above notice was accompanied by a letter of delegation form for the union members who want to participate in the extraordinary general meeting through an agent, but it was now used below the previous letter of delegation form.

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