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(영문) 수원지방법원 2020.04.29 2019가단12011
형사소송비용 등 청구
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Summary of the parties' arguments

A. In the special meeting of the clan of April 25, 2018, Plaintiff 2018, “the Defendant shall pay KRW 63 million to the Plaintiff” (hereinafter “the resolution of the clan of this case”), the Defendant is obligated to pay the Plaintiff KRW 63 million and its delay damages pursuant to the above resolution of the general meeting.

B. Since the special meeting of the clan on April 25, 2018 was conducted without due process of convening the meeting in accordance with the clan rules, the resolution at the special meeting of the clan has no effect.

2. Judgment on the validity of the general meeting resolution

A. The facts of recognition ① The rules of the Defendant clan (hereinafter “instant rules”) pertaining to this case are as follows.

Article 1 (Name) of the General Regulations of Chapter 1 of the clan: The clan shall be B of this clan.

Article 3 (Members of the clan: Members of the clan shall be the descendants of C.

Chapter 2 General Meeting Article 5 (Convocation): The general meeting of this clan shall be convened every year ( October 10 of the year), and the special general meeting shall be convened by similar Do authorities, if necessary, by a similar resolution of the meeting.

The notice of convening a general meeting shall be a notification to the representatives of subordinate clans, which shall have the effect of the public notice of convening a general meeting.

Article 8 (Matters to be Resolved at General Meeting: The following matters shall be resolved at the General Meeting:

4. Chapter IV Executive Officers' Association of matters concerning the acquisition, disposition and lease of the property: In order to carry out their clans, this clan shall organize a clan with the following officers:

A Do similar one, a general secretary, a funeral similar one, and an auditor. ② On February 28, 2018, the Plaintiff requested Do Similar D, the representative of the Defendant clan, to convene an extraordinary general meeting, but D did not comply with the request for convening an extraordinary general meeting.

Therefore, although the Plaintiff notified the convening of an extraordinary general meeting on April 25, 2018 on behalf of the above D, it was only notified to some of the members of the lower clan, and did not notify the representatives of the lower clan.

③ At around 11:00 on April 25, 2018, the Plaintiff and D at five stories E in Suwon-gu, Suwon-gu, Suwon-si.

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