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(영문) 서울남부지방법원 2016.11.17 2015가단240403
청구이의
Text

1. The defendant's notary public against the plaintiff is on the notarial deed No. 160 of 2010, No. 160, 2010.

Reasons

1. Facts of recognition;

A. The articles of incorporation of the Plaintiff provides for the following:

Article 12 (Officers) (1) A cooperative shall have one president, not more than five directors (including the president of a cooperative) and one auditor.

Article 13 (Grounds for Disqualification, Disqualification, etc. of Executive Officers) (1) None of the following persons shall be appointed as executive officers of a cooperative:

3. A person in whose case five years have not passed since his imprisonment without prison labor or any heavier punishment as declared by a court was completely executed or finally and conclusively exempted;

4. A person who has been sentenced to imprisonment without prison labor or a heavier punishment and for whom two years have not elapsed from the date the period of the suspension of the execution is completed, or a person who is under the suspension of the suspension of the execution after being appointed as an officer.

When qualification is lost, new executives shall be elected to obtain authorization for modification by the Yangcheon-gu Office.

Article 15 (Dismissal, etc. of Officers) (1) Any executive may be dismissed in accordance with the procedures for appointment, if he/she resigns or neglects his/her duties, or causes an unreasonable loss to the Association, in violation of the relevant Acts and subordinate statutes and the rules and regulations.

Provided, That with respect to an executive who has lost his/her qualification under Article 13 (2), his/her qualification shall be lost from the date of being sentenced without the dismissal procedure.

At this time, an auditor may report to the general meeting on the grounds for dismissal of an executive officer.

Article 18 (Resolutions by General Meeting) The following matters shall be determined by a resolution of a general meeting:

7. Contracts and redemption to be borne by partners;

8. Matters concerning the method, interest rate, and repayment of loans;

B. On August 29, 2008, the Plaintiff’s president of C and D, a general secretary, are the specific economic crimes of Busan District Court Decision 2008Gohap150, 195, 203 (combined), and 2009Gohap27 (Consolidated).

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