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(영문) 서울고등법원 2014.12.12 2013나57100
종중결의무효확인
Text

The judgment of the first instance shall be revoked.

A resolution which the defendant elected C as the president at the ordinary meeting of February 5, 2013.

Reasons

1. The Defendant, on April 30, 2008, elected the J as the president of the three-year term of office at the ordinary general meeting of shareholders, and appointed the Plaintiff as the Defendant’s auditor.

However, in collusion with her husband on March 11, 2005 to December 11, 2009, K, which had been an accounting employee of the Defendant, was revealed to have embezzled KRW 1.38 billion from March 11, 2005, the chairman J of the Defendant, who was responsible for this on January 7, 2011, declared the Defendant’s intention of resignation, and appointed L as the chairman of the board of directors.

On April 19, 2011, the defendant decided to reorganize the emergency countermeasure committee to 10 members of the clan Normalization Committee, and appointed L and C as co-chairperson of the clan Normalization Committee.

L/C, as co-chairperson of the clan Normalization Committee, convened and held the defendant's extraordinary general meeting on September 27, 201, and passed a resolution to elect C as the chairperson at the extraordinary general meeting.

On September 27, 2011, the Plaintiff filed an application for provisional disposition against C on the grounds that the Defendant’s extraordinary meeting was convened by a person who is not authorized to convene the extraordinary meeting, and that the resolution of election for the president of the extraordinary meeting was also null and void. The Seoul Eastern District Court rendered a decision on February 16, 2012 that “the Defendant’s extraordinary meeting was convened by C and L, not by J, who is the person authorized to convene the meeting,” and accepted the application for provisional disposition on September 27, 201, stating that “The Defendant’s extraordinary meeting was convened by C and L, who is not the person authorized to convene the meeting.”

In addition, the Plaintiff filed a lawsuit against the Defendant on September 27, 2011 against the Seoul Eastern District Court 201Gahap17357 (hereinafter “the first lawsuit”), and the Defendant’s clan M, N, andO filed a lawsuit to nullify the extraordinary general meeting on September 27, 2011, respectively.

On September 27, 2011, the dispute arises as a matter of the convening authority with respect to the special general meeting, and the J convened the defendant's general meeting on March 22, 2012 as the defendant's president, and C at that general meeting as the second president.

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