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(영문) 창원지방법원진주지원 2020.08.11 2020가합10889
회사에 관한 소송
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant (hereinafter “Defendant Cooperative”) is a C Cooperatives established with the Jinju-si area under the Agricultural Cooperatives Act.

B. On May 12, 2017, the Plaintiff disposed of all four maths of cattle raised by the Plaintiff in accordance with the policies for fostering unauthorized livestock pens, etc. run in Jinju-si, and prepared a written confirmation of farming planning (for union members) that the Plaintiff plans to resume farming within six months after July 12, 2017, and submitted it to the Defendant Union.

C. On March 23, 2018, the Plaintiff was awarded a lawsuit 2 mari (hereinafter “instant lawsuit”). At the time, the Plaintiff was raising the instant lawsuit in the stable of Nonparty D (hereinafter “D”), a member of the Defendant association, for about 10 months.

Since then, the Plaintiff raised the instant cattle from D’s livestock shed to the Plaintiff’s livestock shed. On February 23, 2019, the Plaintiff was awarded a bid of 2 maths additionally, and were raised at the Plaintiff’s livestock shed together with the instant cattle. On December 16, 2019, the Plaintiff shipped 1 math on the instant cattle.

E. On February 7, 2020, the Defendant Union held the second regular board of directors in 2020, and resolved that “The raising of the instant lawsuit in the livestock shed does not constitute the raising stipulated in Article 10(1) of the Enforcement Decree of the Agricultural Cooperatives Act. As such, the Defendant Union did not engage in livestock farming for more than one year from May 12, 2017, on the day when all the lawsuit raised by the Plaintiff was disposed of, and thus, the Plaintiff’s membership would be disqualified.”

F. Relevant statutes and the articles of incorporation of the defendant association relating to the purpose of establishment of the C association, qualifications for union members, etc. are as follows:

Article 105 (Qualification for Membership) (1) The members of the Agricultural Cooperatives Act shall be a farmer who engages in livestock farming business, and who has domicile, abode, or place of business in the area of C Cooperatives.

(2) The scope of farmers who engage in livestock farming business under paragraph (1) shall be prescribed by Presidential Decree.

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