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(영문) 대전지방법원천안지원 2019.08.23 2018가합103665
해산결의 무효 확인
Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

A. The defendant was established with the aim of promoting friendship and unity among the members, promoting mutual aid and mutual support among the members, and conducting mutual business. The total number of members is 20, and the plaintiffs are the members of the defendant.

Part II. Composition of Members

3.To determine with the consent of a majority of the members of the Borrower at the request of the Borrower for two or more years as an engineer of this office.

(Provided, That there shall be no restrictions on the number of members) Article 6 (Loss of Members)

5.An expulsion shall be made with the consent of two-thirds of the number of participants present at the office and a member.

Chapter 4 - Article 13 (Types of Meetings)

1.The regular Assembly shall hold once a year (one month) and shall determine:

Report on the operation of the meeting year;

(b) Approval and ratification of business plans, budgets, etc.;

(c) to supplement the rules and amendments of meetings;

(d) Other matters proposed by members;

2. A monthly holiday (the 11th day of each month) shall be a Saturday and a monthly holiday on Sundays; and

XIV.(1/3 Quorum for the proceedings at the time of appearance)

1. Exclusion from quorum J or A, May 2016;

2. All meetings shall be decided by the attendance of not less than 1/3 of the total number of members and with concurrent votes.

B. The main contents of the Defendant’s bylaws are as follows.

C. On October 11, 2018, the Defendant held a monthly meeting, and nine of the members of the Defendant present at the meeting of 20 members, and the Defendant decided to conclude the affairs of cancellation of the office within two months (60 days) and delegate the authority to K and L among the Defendant’s members with respect to the affairs of cancellation by mutual consent of eight of the members present at the meeting and one of the members present at the meeting.

(hereinafter referred to as the "resolution of dissolution of this case"). [Reasons for recognition] The fact that there is no dispute, entry of Gap Nos. 1 and 2 (including numbers), and the purport of the whole pleadings.

2. The defendant's judgment on this safety defense is an order to dismiss the members who agreed to the resolution of this case without going through lawful meetings after the resolution of this case was passed, and the plaintiff A as the chairperson and the plaintiff B as the general secretary.

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