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(영문) 부산고등법원(창원) 2016.08.11 2016나21035

임시총회결의무효확인청구

Text

1. The judgment of the court of first instance is modified as follows.

Defendant 2, August 5, 2014, among the instant lawsuits, was the second defendant in 2014.

Reasons

1. Basic facts

A. The defendant is a local agricultural cooperative with the aim of increasing the economic, social, and cultural status of its members by enhancing the agricultural productivity of its members, promoting the expansion of markets for agricultural products produced by its members and facilitating their distribution, and providing technology, funds, and information to its members. The plaintiff is the defendant's member.

B. On July 4, 2014, the Plaintiff, along with BA, BB, BC, BD, BE, and BF (hereinafter “Plaintiffs, etc.”) as a member, sent to the Defendant’s auditor a petition stating that “the Defendant’s president and the board of directors are suspected of having conducted unlawful business operations and misconduct, etc., and, if necessary, requested to form a special audit team or request the Minister of Agriculture, Food and Rural Affairs to inspect the said petition.” On July 7, 2014, the Defendant’s representative to organize a special audit team or request the Minister of Agriculture, Food and Rural Affairs to inspect the contents of the petition (hereinafter “the petition”).

The Republic of Korea sent.

The details of each petition of this case are as shown in the attached Form.

C. The Defendant’s auditors audited the content of each of the instant complaints from July 16, 2014 to July 23, 2014.

C. On August 5, 2014, the Defendant held an extraordinary general meeting to report the result of the audit on the petition filed by the Plaintiff, etc.

In the above special meeting, the defendant's audit AZ and BG reported to the effect that each of the instant complaints was not true or it was found that there was no supporting material.

The report of auditors presented the opinion that the representatives BH, BI, and BJ shall be responsible for the instant petition to the Plaintiff, etc., and the representatives BK shall be liable to the Plaintiff, etc.