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(영문) 광주지방법원순천지원 2015.05.14 2014가합2731
제명결의무효확인
Text

1. On April 2009, the defendant confirmed that the resolution expelled the plaintiff at an extraordinary general meeting is invalid.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The Defendant Federation is an organization established by the owners of construction machinery in Jeonnam-gun (hereinafter “Seoul-gun”) to protect their interests, and the Plaintiff is a member of the Defendant Federation at the time of the establishment of the Defendant Federation.

B. Around April 2009, the Plaintiff established C, a company affiliated with construction machinery, in the name of Goung-gun, and on this ground, the Defendant Federation passed a resolution to remove the Plaintiff from the extraordinary general meeting (hereinafter “instant special meeting”) around April 2009 (hereinafter “instant resolution to dismiss the Plaintiff”).

C. Articles of association of the defendant federation relating to the instant case are as follows:

Article 9 (Classification) The meetings of this Federation shall be classified into a general meeting, an extraordinary general meeting, and an executive staff meeting.

§ 10 (Resolution) Meetings of this Federation shall be resolved with the consent of a majority of members present.

Article 11 (Sanctions) Sanctions may be imposed on a person who does not comply with the resolution of the Federation or who causes substantial damage to his dignity or rights and interests.

1) Disciplinary sanctions shall be imposed upon the resolution at the meeting of the federation. (4) The imposition of a fine for one-day rental fee for each association. (2) When a federation finds non-member equipment at the site of Article 12 (Penal Provisions) 1), the federation shall be reported to the federation, and the above matters shall be violated, and a fine of one million won shall be immediately deposited from non-member cooperatives to the federation and shall be claimed for reimbursement against the non-member cooperatives. Article 14 (Expulsion and Withdrawal of Membership shall not be admitted to the federation.)

2. The parties' assertion

A. The Plaintiff’s assertion 1) If the expulsion is valid, the consent of at least 2/3 of the total members should be obtained. The instant expulsion resolution was made without the consent of at least 2/3 of the total members. As such, there is procedural defect in the instant expulsion resolution. 2) The articles of association of the Defendant Federation prohibit the establishment of a company affiliated with a branch within the Gohap-gun (hereinafter “instant prohibition”).

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