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(영문) 대전고등법원 2019.09.05 2018나12504
총회결의무효확인청구의 소
Text

1. A resolution made by the clan General Assembly of January 19, 2019 shall be null and void, upon a request for change in the political court.

Reasons

1. The reasoning for this part of the underlying facts is as follows, and this part of the reasoning is cited by the main sentence of Article 420 of the Civil Procedure Act, since it is identical to the corresponding part of the judgment of the first instance, except where the following is cited or added:

Part 3: “On March 17, 2018 (hereinafter “instant general meeting”) was held on March 17, 2018; “The instant general meeting was held on March 17, 2018; and the said general meeting was held.”

Part 3, part 14 and 15 "a resolution of ratification of the resolution of the general meeting of shareholders dated January 21, 2017 (hereinafter "the resolution of this case")" is "a resolution of ratification of the resolution of the general meeting of shareholders dated January 21, 2017," and the resolution of this case "as of January 17, 201," "as of January 3, 201," the resolution of this case "as of January 5, 201."

Part 4: The following shall be added to Part 2:

H. On March 17, 2018, the court of first instance rendered a judgment citing the plaintiffs' claims by deeming that the decision made by the defendant at a clan meeting on March 17, 2018 was made at the above general meeting held without the defendant's notice of convening some of the clans.

I. On May 29, 2018, the Defendant filed an appeal against the foregoing judgment, and the Defendant stated that it would hold an extraordinary general meeting at the first and second legal dates of pleading of this Court, on November 2018.

(j) On November 21, 2018, the Defendant: (a) elected N as the president of K on November 21, 2018; (b) introduced the delegation system; and (c) held an extraordinary general meeting with a resolution of the general meeting on January 21, 2017 and ratification of the resolution of the general meeting on March 17, 2018.

(k) In addition, the Defendant held N on January 19, 2019 (hereinafter “instant general assembly”) through the convocation procedure with the authority to convene the general assembly; K was again elected at the above general assembly; the articles of incorporation was amended to introduce the representative system; two persons including O, etc.; and seven persons including directors P, etc. as auditors.

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