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(영문) 대구지방법원김천지원 2016.04.29 2015가합15774

제명결의무효확인

Text

1. On September 22, 2015, the Defendant confirms that the resolution dismissing the Plaintiff at an extraordinary general meeting is null and void.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. Pursuant to the Community Credit Cooperatives Act, the Defendant was established for the purpose of the receipt of deposits and installment savings, credit business, such as loans, cultural welfare business, etc. for the members who have domicile and domicile in C, or who are engaged in a livelihood business, and the number of members exceeds 300. The Plaintiff was appointed as the vice-chairperson of the Defendant on February 18, 2012 as the Defendant’s members.

B. On January 24, 2015, the Defendant held the 35th regular meeting of delegates and proposed the “case of modification to the membership system” as an urgent agenda, and resolved to change the Defendant’s resolution body from the representative system to the membership system.

On December 21, 2013, in the minutes of the 36th interim council meeting, the defendant (president D) held the 33th extraordinary meeting in order to deal with the "case of dismissal of deputy president" upon the written request of representatives from the representatives.

Despite the provisions on "the duty of good faith and responsibility of officers" in the articles of incorporation of community credit cooperatives at the time of the board of directors, it is based on the following: ① the creation of a meeting of directors by verbal abuse and abusive language; ② the obstruction of attendance of directors to become a sexual source at the meeting of the board of directors; ③ the occurrence of damages to soundness by accompanying the members of the relationship inappropriate in the Chinese tour of the defendant Empic Association

However, instead of not presenting the dismissal proposal of the vice-chairperson from the special meeting due to the arbitration of local communities and some representatives, the representatives have made their best efforts for the development of the safe in the future.

Nevertheless, the Plaintiff suffered defamation at the above extraordinary general meeting, and two representatives were accused of defamation (Seoul District Public Prosecutor's Office Kimcheon-gu Office 2015 type No. 2692). ② The Plaintiff interfered with the work of Franchi, who is a working-level manager of the Defendant, and retired from office due to interference with private life and affairs of the safe office, and caused serious damage to the external confidence of the safe office due to interference with the work of the safe office.

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