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(영문) 대구지방법원 2017.05.11 2015가합3215

손해배상(기)

Text

1. Defendant B’s partnership’s KRW 3,00,000 and annual interest thereon to the Plaintiff from January 29, 2015 to May 11, 2017.

Reasons

1. Basic facts

A. Defendant B’s association (hereinafter “Defendant B association”) consists of those who obtained a G business license in Daegu Metropolitan City, and is established for the purpose of promoting the development of G transport business and the common interests of its members. The Plaintiff is a member elected as the representative of the said association. Defendant C, D, E, and F are those who participated in the disciplinary committee held on January 29, 2015, as follows.

B. Among the articles of incorporation of a defendant cooperative, the status of union members, executives, representatives, appointments, and the main contents of the provisions on disciplinary action against union members are as follows:

Article 10 (Sanctions and Lottery Tickets) (1) If a member fails to comply with Article 9 in good faith or commits an act contrary to the purpose under Article 1, a sanction may be imposed on the rights under Article 8, such as restrictions on the distribution of profits, by a resolution of the board of representatives after deliberation by the board of representatives.

(2) If a member fails to comply with the following, an expulsion or suspension of qualification may be made by a resolution of the board of representatives after deliberation by the board of directors:

(7) In the event of sanctions (in the event of expulsion, suspension of qualification, or restriction on rights), a member shall be notified in writing ten days prior to the meeting and an opportunity to vindicate shall be given and the result thereof shall be notified in writing within ten days after the disposition on sanctions is taken.

section 25 (Officers) The officers of this association are:

1. One chief director (standing director);

2. One vice-chairperson (standing director);

3. Not more than ten directors;

4. Two auditors (representatives) The representatives of this association shall not exceed 35 persons in proportion to the full number of its members.

Article 31 (Disciplinary Action) The executive officers, representatives, and appointed members of this union shall be subject to disciplinary action, and the Disciplinary Committee shall be comprised of four directors, excluding the chairperson, vice-chairperson, auditors, and leases subject to disciplinary action, and six representatives before the beginning of their terms of office, and shall be represented by an independent organization, and matters necessary for disciplinary action, such as detailed methods of operation and procedures for disciplinary action.