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(영문) 대전지방법원서산지원 2017.06.29 2016가합50466

손해배상(기)

Text

1. The Defendant: (a) KRW 22,129,421 to Plaintiff A; (b) KRW 21,679,621 to Plaintiff B; (c) KRW 22,735,021 to Plaintiff C; and (d) KRW 22,914 to Plaintiff D.

Reasons

1. Basic facts

A. The defendant is a fishing village fraternity established under the Fisheries Cooperatives Act in 1962 with the territory of the Republic of Taean-gun, Taean-gun, Taean-gun, the main business of the defendant is to collect and sell village in the above cultivation, while holding a fishing village fraternity L, M, N,O, P, Chungcheong-type fishery business, Qu, and R.

B. On February 11, 2010, S filed a lawsuit seeking confirmation that the election of the head of the new-standing fishing village fraternity and the decision on the decision on the elected person as the head of the fishing village fraternity. On March 25, 2013, S submitted a written resignation from the head of the fishing village fraternity. On April 22, 2013, 2013, the members of the fishing village fraternity excluding Plaintiff I and 28 members, including S, were elected as the sole candidate for the election of the head of the fishing village fraternity, and were elected on April 22, 2013. 2) On April 26, 2013, S filed a lawsuit against the Defendant seeking confirmation that it is the head of the fishing village fraternity (the Daejeon District Court Branch of the Daejeon District Court 2013Ga270), and the judgment dismissing the claim on November 14, 2013 and became final and conclusive at that time.

C. Resolution 1 on the Plaintiffs’ expulsion 1) The Defendant held an extraordinary general meeting on November 10, 2013 and held an extraordinary general meeting on 77 members among 106 members, the remaining Plaintiffs except Plaintiff F and the mother of Plaintiff F (hereinafter collectively referred to as “Plaintiffs”).

) On the 19 fraternitys, including B, 19 members (hereinafter referred to as “instant resolution of expulsion”) made a resolution to expulsion on the ground that “the Defendant was unable to conclude a contract to exercise the fishery right with the Defendant and damaged the Defendant’s reputation and damaged the Defendant’s reputation” (hereinafter referred to as “instant resolution of expulsion”).

(2) The Defendant’s Articles of Incorporation and the fishing ground management rules relating to subparagraph (2) are as follows:

【Court-Appointed】 Article 17 (Expulsion) (1) If a council member falls under any of the following subparagraphs, he/she may be expelled through a resolution of the general meeting:

3. Violation of Acts and subordinate statutes, administrative dispositions under Acts and subordinate statutes, articles of association or other regulations, or transfer them to another fraternity by intention or gross negligence;