beta
(영문) 대구지방법원 김천지원 2018.07.03 2017가단33809

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Pursuant to the Community Credit Cooperatives Act, the Plaintiff is a credit cooperative established for the purpose of the receipt of deposits and installment savings, credit business, such as lending funds, cultural welfare business, etc. for the members who have domicile or domicile in the Gu/U.S., or who are engaged in a business. The number of its members exceeds 300.

Defendant B served as the president (standing officer) of the Plaintiff, and the rest of the Defendants served as a director (standing officer).

B. On January 24, 2015, the Plaintiff held the 35th regular meeting of delegates to present the “case of modification to the membership system” as an urgent agenda, and resolved to change the Plaintiff’s resolution body from the representative system to the membership system.

C. On July 28, 2015, the regular board of directors held on July 28, 2015 attended by Defendants G (Supplementary President), H (Director), and I (director). On August 29, 2015, with the consent of all members other than I, the agenda was passed to hold a conference of representatives.

Accordingly, on August 29, 2015, the Plaintiff held a rally for representatives in the presence of 113 representatives. D.

On September 14, 2015, the regular board of directors held on September 14, 2015 attended the Defendants, G, H, and I, and as a result of a secret vote conducted in the state of Defendant B and G leaving, there was a resolution on the agenda to hold on September 22, 2015 the “Temporary General Meeting of Representatives, the name of members forG is a matter of agenda,” with the affirmative votes 4 out of the 6 valid votes and opposing votes.

On September 22, 2015, the Plaintiff held the 36th extraordinary representative meeting, and among 120 representatives, 64 votes, 55 votes, and 1 votes of the 123 representative, the member expulsion agenda for G was passed.

E. G filed an application against the Plaintiff for a provisional disposition to verify the status of members and vice-chairperson as the Daegu District Court Kimcheon- Branch 2015Kahap10018, and filed a lawsuit seeking confirmation of invalidity of the expulsion Resolution under the Daegu District Court Kimcheon-ro 2015Gahap15774.

On October 20, 2015, the board of representatives, which was a decision-making body, has been abolished in the above provisional disposition case.

참조조문