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(영문) 서울고등법원 2015.09.17 2014나29140
연석회및이사회결의무효확인
Text

1. On April 14, 2015, the instant lawsuit was concluded as the waiver of the Defendant’s appeal and the withdrawal of the Defendant’s Intervenor’s appeal.

Reasons

1. The following facts are apparent in the records:

On August 29, 2013, the Plaintiffs (including C, the co-Plaintiffs of the first instance trial) filed a lawsuit against the Defendant on August 29, 2013, with the annual conference on May 1, 2012, to appoint M and the Intervenor as a director at the annual conference on May 22, 2012, to appoint the Intervenor as a director, and on May 22, 2012, the Plaintiff filed a lawsuit of this case seeking confirmation of non-existence of the decision to appoint the Intervenor as the president at the board of directors at the board of directors at the meeting on May 22, 2012, the first instance court dismissed all the Plaintiffs’ primary claims on May 15, 2014, and filed an appeal with the Defendant’s first instance trial attorney, AI and AJ, the Plaintiff’s attorney at the first instance trial, who was an attorney, on June 3, 2014, and each of the Defendant’s attorneys at the first instance court, AMK and 2514.

B. Meanwhile, the Seoul High Court, on December 16, 2013, rendered a decision to suspend the performance of duties of the Defendant G’s chief director and directors of the Intervenor G until the judgment on the merits of the instant case becomes final and conclusive on the condition that the Plaintiffs’ application for provisional disposition was partially accepted on December 16, 2013 with respect to the case of an appeal

(The part of the plaintiff's application for the appointment of the acting representative was dismissed).

On December 3, 2014, the Seoul Central District Court rendered a decision to appoint an attorney-at-law as the defendant's chief director or director acting for the defendant during the suspension period of the performance of duties by the defendant's Intervenor G, and on January 8, 2015, upon the application of the plaintiffs B, D, and E, filed an application for cancellation of execution. On February 5, 2015, the Seoul Central District Court made a decision to appoint an attorney-at-law as the defendant's chief director or director acting for the defendant's director. On January 8, 2015, upon the application of the plaintiffs AH and X, the Seoul Central District Court applied for cancellation of execution.

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