이사회결의무효확인
1. A resolution adopted by the board of directors of May 19, 2016 by the Defendant (Counterclaim Plaintiff) to have the Plaintiff (Counterclaim Defendant) withdraw from the court.
1. Determination on the main claim
A. The facts of recognition 1) The Defendant was a juristic person established on July 2, 1996 by the Small and Medium Enterprise Cooperatives Act for the purpose of promoting the sound development of domestic D industry and the promotion of mutual welfare among its members under the Small and Medium Enterprise Cooperatives Act, and the Plaintiff is an individual entrepreneur who has been engaged in the D manufacturing business, etc. in the territory of the Gyeong-gun located in the Gyeongbuk-gun, and is the Defendant’s member. 2) The Defendant opened the board of directors on May 19, 2016, and the Plaintiff did not pay overdue interest of KRW 11,678,530 (hereinafter “the resolution of the board of directors of this case”). On the 30th of the same month, the Plaintiff notified the Plaintiff of the grounds for withdrawal from the court as follows.
He/she fails to pay overdue interest (11,678,530 won) as attached to your company, and if he/she fails to meet the qualification of a member under Article 9(6) of the Act on the Criteria for Qualification of Members of the Federation of Small and Medium Enterprises (Standards for Loss) and Article 3 of the "Act on the Disqualification of Members" and Article 17(1)1 of the Articles of Incorporation (Statutory Withdrawal) of the Association and Article 17(2) of the Act on the Disqualification of Members of the Association shall be decided by a resolution of the board of directors.
Article 25 (Statutory Withdrawal) (1) Members of the Small and Medium Enterprise Cooperatives Act shall withdraw due to any of the following reasons:
1. Loss of qualification for partner;
2. Death or dissolution;
3. Expulsion.
(2) The expulsion referred to in paragraph (1) 3 shall be made through a resolution at a general meeting of shareholders with respect to any of the following persons:
1. Article 47 (Matters to be Resolved by General Meeting) (1) The following matters shall undergo a resolution of the general meeting of shareholders:
6. Expulsion of partners; 11. Other matters specified by the articles of association shall be as follows: