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(영문) 창원지방법원 진주지원 2017.01.18 2016가합328
이사회결의무효확인 등
Text

1. A resolution that the board of directors held by the Defendant on April 28, 2016, refused to join the Plaintiff’s association members, is null and void.

Reasons

1. Basic facts

A. The Defendant (hereinafter “Defendant Cooperatives”) is a local agricultural cooperative established under the Agricultural Cooperatives Act with the aim of improving its members’ economic, social, and cultural status by enhancing their agricultural productivity, promoting the expansion and facilitation of the distribution of markets for agricultural products produced by its members, and providing its members with technology, funds, materials, information, etc.

B. The plaintiff is a member of the defendant's association on September 14, 1998.

On December 31, 2015, at the time of voluntary withdrawal, the sum of KRW 2,833,721 invested and KRW 3,267,369 invested and KRW 6,101,090 were received.

C. On March 9, 2016, the Plaintiff filed an application for membership with the Defendant Union. Accordingly, on March 28, 2016, the Defendant Union held a board of directors meeting on the agenda of the Plaintiff’s qualification examination for membership and decided to temporarily withhold the Plaintiff’s membership (hereinafter “the instant resolution to suspend membership”). On April 28, 2016, the Plaintiff held a board of directors meeting and decided to refuse the Plaintiff’s application for membership (hereinafter “the instant resolution to refuse membership”).

On May 10, 2016, the Defendant Union notified the Plaintiff of the refusal of membership. The grounds for refusal of membership stated in the notice of refusal of membership are as follows.

In violation of Article 24 (2) of the Agricultural Cooperatives Act: Members shall faithfully participate in the process of managing the agricultural cooperatives.

In the course of the project implementation in 2015, the deposit has decreased due to the occurrence of an accident in the course of deposit withdrawal from some members (customers). In addition, some members were likely to have serious harm and injury to the management of the agricultural cooperative due to the reduction in capital of the agricultural cooperative at the time when the agricultural cooperative is difficult to withdraw from the cooperative.

Article 28 (1) of the Agricultural Cooperatives Act cannot be denied membership of a person who is qualified as a member without good cause.

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