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(영문) 춘천지방법원강릉지원 2020.05.19 2019가합169

이사장지위확인

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. C cooperatives (hereinafter “instant cooperatives”) were five or more cooperative members established for the purpose of the operation, etc. of the D regional E business; (i) held an inaugural general meeting on November 18, 2016; and (ii) appointed Plaintiff as chief director on November 28, 2016; and (iii) concluded a loan agreement with respect to the Fran-si Building owned by Sam-si, Sam-si and Sam-si, and carried out projects for the purpose of operatingG “G” at the same time.

B. In the meantime, there were problems such as delayed payment of wages to the auditor H of the instant association and the accounting staff of the instant association, and the Defendant, J, K, and auditor H (hereinafter “Defendant, etc.”) who is a director of the instant association (hereinafter “Defendant, etc.”) demanded the Plaintiff to call an extraordinary general meeting for the removal and expulsion of the Plaintiff by sending the content-certified mail to the Plaintiff on February 27, 2019.

C. On March 14, 2019, the Plaintiff rejected the Plaintiff’s request to convene an extraordinary general meeting by sending a written answer to H to the effect that “the Plaintiff did not have any erroneous error to be dismissed, and the Plaintiff’s dismissal agenda is an agenda for dismissal, after proving the Plaintiff’s fault as a result of the investigation by the Ministry of Employment and Labor and the Prosecutor’s Office.”

Accordingly, the auditor, on March 18, 2019, issued a notice of convening an extraordinary general meeting, and accordingly, the Defendant et al. appeared on March 28, 2019 and held an extraordinary general meeting (hereinafter “instant extraordinary meeting”), and the minutes, such as the attached Form, were prepared regarding the instant extraordinary general meeting.

E. On June 30, 2019, the Defendant, etc. opened a board of directors and resolved to convene an extraordinary general meeting to elect a new chief director, etc., and the Defendant was elected as the chief director at the extraordinary general meeting held on July 8, 2019.

F. The main contents of the articles of association of the instant association concerning dismissal of the chief director, expulsion of partners, extraordinary general meetings, and holding of the board of directors are as follows:

Article 14 (Expulsion) (1) A cooperative shall hold a general meeting where its members fall under any of the following subparagraphs: