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(영문) 의정부지방법원 2015.07.17 2015나4857

제명결의무효확인청구

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The defendant is an incorporated farming association established for the purpose of improving productivity of livestock industry and increasing the income of its members through the rationalization of livestock management. The plaintiff is a member who served as the representative director from around 2004 to 2010.

B. On April 2009, when the Plaintiff served as the Defendant’s representative director from around November 2009 to around November 2009, the Plaintiff was prosecuted as a criminal fact that embezzled the Defendant’s money (hereinafter “instant crime”) and was sentenced to a suspended sentence of imprisonment with prison labor for six months as the District Court 201Da3563, Sept. 22, 2011, and was sentenced to a suspended sentence of two years. While appealed, the Plaintiff was sentenced to a judgment dismissing the appeal as the District Court 201No192 on May 24, 2012, the Plaintiff appealed on September 27, 2012, but was sentenced to the Supreme Court Decision 201Do7410 Decided September 27, 2012.

C. On May 29, 2014, the Defendant, at the time of the instant crime, presented the name of the person to C and D, who was the Defendant’s auditor at the time of the instant crime, as prescribed by Article 14(1)2 of the Defendant’s articles of incorporation, sent a notice stating that he/she shall attend a general meeting and explain the reason for expulsion by registered mail. C and D received each of them on May 30, 2014, but the notice sent to the Plaintiff was returned due to the absence of closure.

On June 10, 2014, the Defendant held a general meeting (hereinafter referred to as “instant general meeting”) from among the 85 members of the entire association and passed a resolution to dismiss the Plaintiff, C, and D (hereinafter referred to as “instant resolution”) with the consent of 34 members present with the consent of more than a majority of 56 members and with the consent of 56 members present, and the same year.

7.3. The plaintiff et al. notified the plaintiff et al. of the above resolution of expulsion in writing. The provisions of the defendant's articles of incorporation related thereto (hereinafter "the articles of incorporation of this case") are as follows.

Article 14 (Expulsion) (1) An expulsion may be made by a resolution of a general meeting, if a member falls under any of the following cases:

2. The person is intentionally or seriously.