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(영문) 대구지방법원 서부지원 2018.10.11 2018가합50417
이사장 해임결의 무효 확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The defendant is a cooperative established under the Framework Act on Cooperatives, and the plaintiff was in office as the chief director of the defendant cooperative.

B. The Western District Office of the Daegu District Prosecutors’ Office (2017 type No. 20890) investigated the Plaintiff on occupational embezzlement and violation of the Framework Act on Cooperatives, and prosecuted the Plaintiff on December 21, 2017.

C. On January 3, 2018, Defendant C, D, and E submitted to the Plaintiff, and on January 3, 2018, 112 of Defendant 212 members agreed, and the Plaintiff demanded the removal of the president from office. D.

On January 5, 2018, the Plaintiff returned a request for convening an extraordinary general meeting on the grounds that there are many dual Signatories, and that there are many objectors with forced signatures.

E. On January 22, 2018, the auditor F and G of the Defendant Union publicly announced the opening of an extraordinary general meeting of the Defendant Union. On January 29, 2018, the Defendant Union held an extraordinary general meeting (hereinafter “instant extraordinary general meeting”) on January 29, 2018 and resolved to dismiss the Plaintiff’s president, the president of the Defendant Union, from among the 226 members, by vote of 112 persons among the 117 members of the Defendant Union, who were 111 members and 1 dissenting votes (hereinafter “instant resolution of dismissal”).

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 to 3, and Eul evidence 6 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. In full view of the determination on this safety defense, the Plaintiff submitted a letter of resignation to the Defendant on March 29, 2018, which was following the filing of the instant lawsuit, to the Defendant on March 29, 2018, under the overall purport of the statements and arguments by the evidence Nos. 10 through 12, and the Plaintiff submitted to the Defendant on March 29, 2018. The Defendant Union held a second ordinary general meeting on March 29, 2018 and held a union president’s election and held a director-general meeting on which H was elected. The Plaintiff tolded that the Plaintiff was present at the instant general meeting and held a new president’s election, and the registration of the resignation of the president and director-general on April 25, 2018 was completed, and on the same day, H’s Defendant.

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