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(영문) 창원지방법원 2018.11.15 2018가합51259
제명결의무효 확인의 소
Text

1. On March 2, 2018, the Defendant confirms that a resolution presented by the Assembly to the Plaintiff is null and void.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Facts of recognition;

A. In accordance with the Fisheries Cooperatives Act, the Defendant established the fishing village fraternity B’s business territory as its business territory for the purpose of promoting a joint project to improve the productivity of the fraternity, the performance of the joint project to improve the living standard, and the improvement of its economic status. The Plaintiff is the Defendant’s member.

B. On January 26, 2018, the Defendant notified the Plaintiff of the grounds for expulsion as follows.

2. The Plaintiff was in charge of the Defendant’s financial affairs, which was transmitted from June 2010 to May 2015, as well as from the Defendant’s financial affairs, and thereafter, the Plaintiff was in charge of the Defendant’s financial affairs.

In the process, there is a fact that he has received benefits of KRW 400,000 per month and KRW 200,000 each during the audit period.

3. During the period in which the Plaintiff had been in charge of finance to the former president C at will embezzled KRW 1.5 million, it can be known that C had not faithfully performed its duties as a finance, and there is a circumstance in which C had not faithfully performed its duties at the time of having performed its audit to the effect that the original account book recorded at the time of having been in charge of finance was "no longer than the audit result" while conducting the private person, but did not perform his duties at the time of having performed its financial affairs, such as revising the contents of the original account book recorded at will.

4. Therefore, the plaintiff's articles of incorporation is when he/she violates an administrative disposition under Acts and subordinate statutes or violates the articles of incorporation or significantly damages the honor or credit of the plaintiff due to intention or gross negligence among the grounds under paragraph (1) of Article 17 of the defendant's articles of incorporation, and he/she interferes with the business of the plaintiff.

I have the honor to this effect.

C. On March 2, 2018, the Defendant held a general meeting, and held a resolution to dismiss the Plaintiff from the Defendant’s member on the ground that the aforementioned grounds fall under Article 17(1)3 and 4 of the Defendant’s Articles of Incorporation.

The defendant's articles of incorporation are defined as follows with respect to the expulsion of members.

Article 17 (Expulsion) (1)

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