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(영문) 대구지방법원 2019.05.31 2018가단127023
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The facts of recognition

1) Defendant B Association (hereinafter “Defendant Association”)

(2) The Plaintiff is a cooperative established pursuant to the Small and Medium Enterprise Cooperatives Act for the purpose of carrying out collaborative projects by promoting the sound development of the printing industry for the production of photographs and the promotion of the welfare among the members of the cooperative with the aim of promoting the sound development of the printing industry for the production of photographs by making Daegu Metropolitan City as its business area. Defendant C is in office as the president of the Defendant Cooperative from February 25, 2013 to February 25, 2013.

B. 1) On March 31, 2016, the Defendant Union expulsion the Plaintiff from the Defendant Union (hereinafter “instant expulsion”).

(2) On January 20, 2017, the Plaintiff filed a lawsuit seeking confirmation of invalidity of the expulsion disposition of this case against the Defendant Union as the court 2017Gahap739, which was included in the business report and the settlement of accounts in 2016. The Plaintiff acquired the status of the Defendant Union members by paying the Plaintiff’s contribution and subscription money before the expulsion disposition was made. The Defendant Union did hold a general meeting in accordance with the expulsion procedure as stipulated in the articles of association and passed a resolution with the consent of at least two-thirds of the total number of union members present, with the consent of at least two-thirds of the union members present. The Plaintiff did not notify the Plaintiff of the reason for expulsion at the general meeting and give his/her opinion at the general meeting prior to the opening of the general meeting of this case. The Plaintiff did not notify the Plaintiff of the reason for expulsion disposition of this case’s failure to hold the general meeting of this case.

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