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(영문) 광주지방법원 2017.12.07 2017가합52080
제명결의무효확인
Text

1. It is confirmed that a resolution dismissing a plaintiff at an ordinary general meeting of partners held by the defendant on February 20, 2017 is null and void.

2...

Reasons

1. Basic facts

A. (1) The defendant is a cooperative established under the Small and Medium Enterprise Cooperatives Act, which is a corporation that promotes collaborative projects by small and medium enterprise owners operating automobile parts sales business in Gwangju Metropolitan City, and the plaintiff is the defendant's member.

Article 5 (Method of Public Notice or Notification) (1) Cooperative shall give written notice to members.

Provided, That if deemed necessary, it may be published in the central daily newspaper or daily newspaper published by Gwangju Metropolitan City.

(2) The period of public announcement or notification under paragraph (1) shall be at least seven days.

Article 15 (Statutory Withdrawal) (1) Members shall withdraw due to any of the following causes:

3. Expulsion under Article 16 (Expulsion) (1) 3 shall be made to any of the following persons through a resolution at a general meeting:

In such cases, a cooperative shall notify the relevant union members of the reason for expulsion and give them an opportunity to state their opinions at the general meeting ten days prior to the general meeting.

1. A partner who fails to perform his/her duties owed to the Cooperative, such as payment for investment, expenses, usage fees, and fees;

2. A cooperative member who interferes with or obstructs its business;

3. A cooperative member who violates the articles of association, regulations, regulations, or the disposition of a supervisory government agency;

4. Article 28 (Procedures for Convocation of General Meeting) (1) Any member who causes, intentionally or by gross negligence, economic loss to a union, has lost the credit of the union, or has damaged his reputation, shall notify each member of a document stating the purpose of the meeting, the date, time, and place of the meeting seven days prior to the date of meeting;

Article 29 (Matters to be Resolved by General Meeting) (1) The following matters shall undergo a resolution of General Meeting:

6. Expulsion of partners (1) Except as otherwise provided in Acts and subordinate statutes, the general meeting shall hold a meeting with attendance of a majority of all partners, and attend the meeting;

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