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(영문) 대전지방법원 2017.10.25 2016가합2066
조합원제명결의무효확인
Text

1. On August 17, 2016, the Defendant’s general meeting of the Defendant’s union members confirms that a resolution dismissing the Plaintiff is null and void.

2...

Reasons

1. Basic facts

A. The defendant is a partnership established on February 12, 1994 in accordance with the Small and Medium Enterprise Cooperatives Act, which is established on February 12, 1994, with the members of the Daejeon Metropolitan City (hereinafter referred to as the " Daejeon") and Sejong Special Self-Governing City (hereinafter referred to as the "Seoul Special Self-Governing City only; hereinafter referred to as the "Seoul Special Self-Governing City") as well as the small and medium-sized ready-mixed companies located in the area of Seosan-si and Seosan-si (hereinafter referred to as the "Jinnam-si"), and aims to promote mutual welfare among its members and improve their economic status by carrying out collaborative projects. The plaintiff is a stock company with the aim

B. On June 2016, the Plaintiff joined the Daejeon Sejong District Research Cooperative (hereinafter “competitive Cooperative”) and participated in the bid for the purchase of government-funded containers at the Daejeon District Public Procurement Service in 2016.

C. On August 17, 2016, the Defendant: (a) held a general meeting of partners and resolved to remove the Plaintiff, who was a member of the Defendant, pursuant to Article 18 subparag. 2 and 4 of the Defendant’s Articles of incorporation, on the ground that “the Plaintiff was not a joint business of the Defendant (tender purchase bid in 2016) and participated in competitive bidding among small and medium enterprises as a member of the competition association, thereby reducing the Defendant’s common sales profit, thereby bringing economic loss to the Defendant and impairing the Defendant’s credibility and honor.” (hereinafter “instant expulsion resolution”).

The contents of the Defendant’s articles of incorporation regarding the instant case are as follows.

The purpose of Article 2 (Purpose) of the Defendant’s Articles of Incorporation is to promote the sound development of the ready-mixed industry, the promotion of welfare among its members, and the promotion of independent economic activities by carrying out collaborative projects, thereby promoting the improvement of economic status of its members and the balanced development of the national economy.

Article 17 (Statutory Withdrawal) (1) Members shall withdraw from the partnership on any of the following grounds:

3. Expulsion under Article 18 (Expulsion) 3.

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