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(영문) 청주지방법원충주지원 2014.10.30 2014가합3054
조합원총회결의무효확인 등
Text

1. Of the instant lawsuits, the part of the claim for nullification by the board of directors is dismissed.

2. The plaintiffs' remaining claims.

Reasons

1. Basic facts

A. The defendant is an incorporated farming association established with the number of shares of September 15, 2010 and the total amount of 80 million won for the purpose of collaboration, increase of income, manufacture and sale of agricultural and livestock products, etc. by the F residents of the Hahbuk-gun in the Hahbuk-gun. The defendant is an incorporated farming association established with the status of KRW 800,000, and the

B. (1) A resolution to amend the articles of incorporation was made on June 5, 201; however, the Defendant attended an extraordinary general meeting on 94 members, and discussed the part to be modified during the articles of incorporation, and decided to amend the articles of incorporation as stated in the attached list (hereinafter “instant amendment of articles of incorporation”); on February 15, 2012, the Defendant notarized the amended articles of incorporation; and on February 3, 2013, a resolution was passed to approve the amendment of the said articles of incorporation again at the ordinary meeting of shareholders as of February 3, 2013.

(2) On April 6, 2014, the Defendant opened an extraordinary general meeting and resolved to establish a new provision allowing the expulsion of members of a similar farming association for the purpose of trading with G under Article 14 of the Articles of incorporation.

(3) On February 3, 2013, 63 members from among 94 members were present at the Defendant’s ordinary general meeting, and 82 members from among 82 members attended the special general meeting on April 6, 2014 and 45 of them agreed.

C. A resolution to return the amount equivalent to the investment amount (1) was adopted by the Defendant on April 10, 2012; May 10, 2012; June 11, 2012; June 11, 2012; and July 11, 2012, to hold each board of directors to distribute the amount equivalent to the investment amount of KRW 1 million to each member (94 at that time).

Accordingly, on August 19, 2012, at the time, 56 members of the 94 association were present, and Plaintiff A raised an objection to this, but the said funds were decided to distribute with the consent of other members.

(2) On April 6, 2014, the Defendant opened an extraordinary general meeting and again resolved on the agenda on the distribution of KRW 1 million, an amount equivalent to the investment, to the members of the association. The above agenda attended 82 members and 57 of the 82 members with the consent of 45 of them.

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