단체에서의 결의와 의사표시의 하자-대법원 2014. 3. 18.자 2013마2488 결정을 계기로-

As the capital market evolves, voting by a General Meeting is more and morerequired; e.g., shareholders meeting in corporations and funds in corporate-forms,beneficiaries’ meeting in trusts and funds in trust-forms, bondholders meeting forcorporate bonds, creditors meeting for rehabilitation. The voting should be made by eachshareholder, beneficiary, bondholder or creditor, as the case may be, without duress,threat or fraud. The whole process of the meeting should be in a non-coercive way, withfull disclosure of relevant information. However, it is not clear what would constitute an actionable coercion to challenge thegeneral meeting’s resolution. The Supreme Court has rendered recently a decision that voting for or against aproposed plan at creditors meeting cannot be nullified or rescinded due to mistake,threat or fraud. This article explores the area of nullification or rescission of the voting at the generalmeeting, and the resulting resolution. If the management, trustee or receiver isresponsible for coercion or misrepresentation, which lead the holders to vote against theirtrue intention, the voting and the resulting resolution at the general meeting should notbe held valid and effective.