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(영문) 서울중앙지방법원 2014.07.10 2013가합538664
이사 및 대표자 지위확인 등 청구
Text

1. The Defendant (Counterclaim Plaintiff, Counterclaim Defendant, and Counterclaim Defendant) is liable to pay KRW 58,500,000 to the Plaintiff (Counterclaim Defendant, Counterclaim Plaintiff, and Counterclaim Plaintiff).

Reasons

1. Basic facts

A. The defendant is an incorporated association established on August 10, 2009, and the plaintiff is a director and representative of the defendant when the defendant is established (the "chairperson" in accordance with the defendant's articles of incorporation).

B. On November 15, 2010, the Defendant held an extraordinary general meeting and adopted a resolution to amend the Defendant’s articles of incorporation (hereinafter “resolution of the extraordinary general meeting”). On November 15, 2010, the Defendant held an extraordinary general meeting on January 17, 201 based on the procedure for convening the extraordinary general meeting changed by the resolution of November 15, 201, and made a resolution to appoint C as a director, a representative director, and other D, and to dismiss the Plaintiff as the Defendant’s director and representative (hereinafter “resolution of the extraordinary general meeting as of January 17, 2011”).

On the other hand, the detailed circumstances related to the convening and resolution of each extraordinary general meeting are as follows.

1) The Defendant’s directors E, F, G, and H (hereinafter “E”)

(A) On August 4, 2010, the Defendant’s articles of incorporation (hereinafter “instant provision”) grants from the court a permit to convene an extraordinary general meeting with the content that each of the pertinent provisions stated in the “previous Regulations” of the attached list of the same lists is the subject of the meeting to change the same as each of the corresponding parts.

(2) Upon receipt of the instant provision (Seoul Central District Court 2010 non-hap183) E, etc. convened the Defendant’s extraordinary general meeting on August 23, 2010 based on the instant permit to convene the instant general meeting. At the time, only the parts of the Defendant’s articles of incorporation indicated in the “permitted Matters” column of the attached list among the Defendant’s articles of incorporation are presented as agenda items, and a resolution was made to modify each of the above provisions as described in the corresponding section of the “permitted Matters” column of the same list.

Since then, on September 14, 2010, E, etc. applied to the head of Gangnam-gu for permission to amend the defendant's articles of incorporation according to the above resolution of the special general meeting, and obtained the permission on October 12, 2010, but the head of Gangnam-gu Office shall list the attached list of the articles of incorporation to the defendant on November 4, 2010.

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