제명결의 무효확인 등
On February 28, 2016, the Defendant passed a resolution to suspend qualification against the Plaintiff at the meeting of the board of directors on February 28, 2016, and at the general meeting on March 21, 2016.
1. Facts below the basis of facts do not conflict between the parties, or may be admitted in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1, 2, 3, and Eul evidence Nos. 6 and 7.
The defendant is a corporation established under the Water Supply and Waterworks Installation Act for the advancement of water supply systems and the preservation of water quality of public water, and the plaintiff is a stock company with the purpose of manufacturing and distributing water supply materials.
B. On January 13, 2016, the Plaintiff sent an e-mail (hereinafter “e-mail of this case”) to the Defendant’s business members, following the following: (a) the Defendant’s employee embezzled and was pointed out by the Board of Audit and Inspection; (b) the Defendant’s employee’s employee was subject to inspection of the state administration by using the expenses for overseas business trips excessively; and (c) the Defendant did not protect the rights and interests of its members when examining the sanitary and safety standards; and (d) the Defendant did not protect the rights and interests of its members.
C. Accordingly, on the ground that the Plaintiff asserted the dissolution of the Defendant, the Defendant held a meeting of the Operating Council on February 28, 2016 to suspend the Plaintiff’s membership from March 3, 2016 to March 2, 2017 (hereinafter “the instant suspension of qualification”) and decided to dismiss the Plaintiff at the ordinary meeting on March 21, 2016 (hereinafter “the instant expulsion resolution”).
The expulsion resolution of this case was made by 343 of the defendant's 893 members (267 members with voting rights delegated to the chairperson or 76 members with voting rights for the original 76 members present) with the consent of the remaining members present except that of 10 members and voting by a show of hands.
Article 5 (Organization and Qualification) (1) The members of the Association shall consist of regular members, special members and honorary members.
(2) Regular members shall be as follows:
2.Corporate members - Juristic persons and individual enterprises engaged in water supply and sewerage-related business, Article 8 (Rights) (1) regular members and special members, shall be as follows: