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(영문) 대구지방법원 2018.06.21 2017가합739
조합원제명처분무효확인
Text

1. On March 31, 2016, the Defendant confirms that a voluntary expulsion made against the Plaintiff is null and void.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The Defendant is a cooperative established pursuant to the Small and Medium Enterprise Cooperatives Act for the purpose of promoting the sound development of the printing business for the production of photographs and the promotion of the welfare among the members of the cooperative by making Daegu Metropolitan City as its business area, and the Plaintiff is a person who operates a special photographer for the production of photographs using the trade name “C”.

B. Around April 1, 2011, the Plaintiff submitted to the Defendant an application for partnership membership and a written consent for investment.

C. On March 31, 2016, the Defendant expelled the Plaintiff from the Defendant Cooperative (hereinafter “instant expulsion”). On January 20, 2017, the Defendant stated that the Plaintiff was expelled from the Defendant Cooperative’s audit opinion (hereinafter “the current status of the withdrawal and expulsion of union members”) included in the business report and the settlement of accounts in the year 2016.

The provisions of the articles of incorporation concerning the defendant's qualification for membership and expulsion shall be as specified in the attached Form.

E. The Defendant did not hold a general meeting or notify the Plaintiff of the reason for expulsion in order to expulsion of the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 3 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. In order to dismiss the Plaintiff’s assertion, the resolution of the general meeting shall be adopted in accordance with the Small and Medium Enterprise Cooperatives Act and the Defendant’s articles of incorporation. Since the Defendant did not hold a general meeting for expulsion of the Plaintiff, the expulsion disposition of this case is null and void on the ground that serious procedural defects exist.

In addition, since the plaintiff ordered the plaintiff on the ground that he did not pay the money invested and subscription money even though he paid the money to the defendant, there is a substantial defect in the disposition of expulsion in this case, and the expulsion disposition for the members is difficult to achieve the purpose of the organization or it is inevitable to make the expulsion.

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