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(영문) 광주지방법원 2019.01.09 2017나63473
손해배상(기)
Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal are assessed against D who is represented by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an organization established with merchants of the A market located in the Seo-gu of Gwangju as its members.

B. On June 15, 2016, the Plaintiff elected D as the president at an extraordinary general meeting of June 15, 2016.

C. The articles of incorporation of the Plaintiff relating to this case are as follows.

Article 10 (Members) (1) The regular members of the merchants' association shall be the merchants who directly conduct business in the area connected to E and the F market, and one store shall be in principle one member.

Article 11 (Joining and Withdrawal) (1) A person who intends to become a member of a merchants' association shall submit an application for membership in the form determined by the merchants' association.

(2) An application for membership shall be determined on whether a member is present at the operating committee, and shall not refuse the membership without any special reason.

Article 13 (Duties of Members) Members shall be subject to the following obligations:

2. The expulsion of a member under Article 16 (Expulsion) shall be made with respect to the following persons through a resolution of the Steering Committee, for the payment of membership fees and the joint business expenses imposed by the merchants' association:

The automatic expulsion shall be automatically expelled regardless of the results of the steering committee and shall not be notified of the results, as a person who fails to pay membership fees for at least five months.

1. A person who fails to pay membership fees for a period of not less than five months under Article 24 (Exercise of Voting Rights and Voting Rights by Proxy) (1) A member shall have one voting right and one voting right respectively;

Article 28 (Election of Officers) (1) The Chairperson shall be elected from among the operating members.

(2) The operating members shall be elected at a general meeting from among the members upon the recommendation of members.

[Ground of recognition] Facts without dispute, Gap evidence 6, 11-2, the purport of the whole pleadings

2. Determination on the legitimacy of the instant lawsuit

A. The Plaintiff is the Plaintiff’s president and Defendant C held office as the Plaintiff’s secretary-general and a general secretary-general, and the Plaintiff is obligated to transfer the merchant membership fee to the Plaintiff after the end of his term of office, but only KRW 7,120,000 shall be handed over to the Plaintiff.

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