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(영문) 대전지방법원서산지원 2019.04.11 2018가합51784
회사에 관한 소송
Text

1. The Defendant confirms that the resolution of expulsion against the Plaintiff was null and void at a general meeting on December 27, 2017.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The defendant is a regional forestry cooperative under the Forestry Cooperatives Act, the area of which covers CF members, and the plaintiff is the defendant's member.

B. In the election of the president of the partnership held by the Defendant on February 3, 2015, when Nonparty D was elected as the president of the partnership, the Plaintiff filed a lawsuit against the Defendant around 2016 against the Defendant on the grounds that the above D’s election of the head of the partnership was null and void, and that the status of D’s member was nonexistent. However, the Plaintiff was sentenced to a judgment against the Plaintiff on October 6, 2016, but all appeals and appeals were dismissed, and the said judgment against the Plaintiff became final and conclusive.

(hereinafter referred to as “instant lawsuit”). C.

On December 27, 2017, following the resolution of the board of directors, the Defendant convened a general meeting of the Plaintiff, which led to the Plaintiff to lose the honor of the Defendant, and caused damage to the Defendant, such as litigation costs, etc. (Article 19(1)4 of the Articles of Incorporation), and made a resolution to dismiss the Plaintiff (hereinafter “the resolution to dismiss the Plaintiff”). On January 29, 2018, the Defendant notified the Plaintiff of the expulsion of the union members following the disciplinary action against the Plaintiff.

The main contents of the Defendant’s Articles of Incorporation, which had been enforced around the time the resolution for expulsion of this case was made, are as follows.

Article 19 (Expulsion) (1) In cases where a member of the Association falls under any of the following subparagraphs, he/she may be expelled upon the resolution of the general meeting:

However, the Cooperative shall notify its members of the reason for expulsion and give them an opportunity to state their opinions at the general meeting 10 days prior to the holding of the general meeting.

4. Facts that there is no dispute over a member (applicable to recognition), who has violated the disposition or articles of incorporation or regulations of a supervisory authority under Acts and subordinate statutes or other Acts and subordinate statutes, or who has damaged the reputation or credit of the cooperative by intention or gross negligence, entry of evidence A in subparagraphs 1 through 4, significant facts in this court, and the purport of the whole pleadings;

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