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(영문) 서울동부지방법원 2017.05.25 2016가합2039
종중결의 무효확인
Text

1. The plaintiff's main claim and the intermediate confirmation claim are all dismissed.

2. The costs of lawsuit are the principal lawsuit.

Reasons

Basic Facts

The defendant is a clan that is a 23 years old member of Si F, and the plaintiff is a defendant's clan member.

On April 30, 2008, the defendant elected H as the president of the three-year term of office at the ordinary general meeting, and appointed the plaintiff as the defendant's auditor.

However, from March 11, 2005 to December 11, 2009, if it is revealed that I, who was an employee of the Defendant, embezzled KRW 1.38 billion, H had the Defendant’s board of directors held on January 7, 201 and expressed his/her intention to resign from the president, and the board of directors formed an emergency countermeasure committee and appointed J as the chairman.

On April 19, 2011, the defendant decided to reorganize the emergency countermeasure committee to the clan Normalization committee comprised of ten members at the ordinary general meeting of shareholders, and appointed J and K as co-chairperson of the clan Normalization Committee.

J and K held a special meeting of the defendant on September 27, 201 as co-chairperson of the clan Normalization Committee, and the defendant decided to elect K as chairperson at the above special meeting.

The Plaintiff filed a lawsuit against the Defendant on September 27, 201, as Seoul Eastern District Court No. 2011Gahap17357 (hereinafter “the First Lawsuit”), Defendant’s clan L, M, and N, respectively, as Seoul Eastern District Court 201Gahap22359 (hereinafter “the Second Lawsuit”).

On March 22, 2012, H, the president of the defendant, was elected as the president by convening a general meeting of shareholders on March 22, 2012.

Nevertheless, the Seoul Eastern District Court rendered a judgment in a lawsuit on May 8, 2012 that “the judgment that the Defendant elected K as the president at the extraordinary general meeting on September 27, 2011 is null and void.” Accordingly, the Defendant appealed against the Seoul East Eastern District Court, and the conciliation was concluded on September 20, 2012 with the following content:

(hereinafter “instant conciliation”). The Seoul Eastern District Court, even in the first lawsuit on June 20, 2012, shall be the president of K at the special general meeting on September 27, 2011.

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