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(영문) 청주지방법원 2016.11.24 2015가합23342
총회결의부존재확인
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Basic facts

A. The Defendant Cooperative is a cooperative established for the promotion of the welfare of its members, mutual aid, and the balanced development of the national economy in accordance with the Framework Act on Cooperatives, and the Plaintiff was a person who served as the chief director from the time of its establishment.

B. On March 2015, the Plaintiff was detained on the charge that he/she acquired money from Nonparty G by taking advantage of the status of the president of the Defendant Union.

Accordingly, C and 11, who were members of the Defendant Union, filed an application for permission to convene an extraordinary general meeting with the Cheongju District Court 2015Bhap9, to “not to dismiss the president or officers of the association, and not to elect officers,” and obtained the permission to convene an extraordinary general meeting from the said court on July 31, 2015.

C. The Defendant Union held a general meeting of this case with the permission to call the above general meeting and dismissed the Plaintiff. C as the president of the Defendant Union, D, and E as the directors of the Defendant Union, and F as the auditors of the Defendant Union, respectively. The minutes of the general meeting of this case include 50 members and 29 members present.

The provisions pertaining to this case in the articles of incorporation concerning the holding and resolution of a general meeting of a defendant association are as follows:

Article 30 (Procedures for Convocation of General Meeting) (1) The chief director shall notify each member of the meeting by mail or electronic mail, etc. seven days before the meeting is held.

Article 32 (Proceedings of General Meeting) (1) Except as otherwise provided in Acts and subordinate statutes, the general meeting shall be convened with the attendance of a majority of all partners, and pass a resolution with the concurrent vote

(3) When an agent who is qualified under Article 35 exercises his/her voting rights or suffrages, he/she shall submit a document proving his/her power of representation to a cooperative in advance in accordance with the form prescribed by the cooperative before exercising his/her voting rights or suffrages.

Article 35 (Qualification as Agent) The provisions of the preceding Article shall be applicable.

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