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(영문) 창원지방법원 거창지원 2018.12.13 2018가합10045
제명처분무효확인 등
Text

1. On December 27, 2017, the Defendant confirms that the Plaintiff’s expulsion resolution made at an ordinary general meeting of shareholders is null and void.

2. The plaintiff's remainder.

Reasons

1. Basic facts

A. The Defendant (hereinafter “Defendant Association”) is a farming cooperative engaging in the distribution of local agricultural products, and the Plaintiff is a member of the Defendant Association.

B. On March 2013, the Plaintiff was elected as the representative of the Defendant Union (the Operating Chairperson) and performed the representative’s duties. On March 31, 2017, C was selected and appointed as a successor through the resolution of the extraordinary general meeting of the Defendant Union, and C was harming the transferee.

C. The Defendant Union held a regular general meeting on December 27, 2017 (hereinafter “instant regular general meeting”). D.

Relevant parts of the articles of incorporation of a defendant's association are as follows:

Article 14 (Expulsion) (1) If a member falls under any of the following subparagraphs, an expulsion may be made by a resolution of a general meeting:

1. Where the obligation provided for in Article 12 is not fulfilled;

2. Where he/she has caused substantial damage to the corporation of the association intentionally or by gross negligence;

3. Where a cooperative corporation (referring to a defendant cooperative; hereinafter the same shall apply) has accrued undue benefits under the ice of a cooperative corporation.

Article 50 (Matters subject to Resolutions of General Meeting) The following matters shall be subject to resolution at a general meeting:

(1) A general meeting shall be held when a majority of the members are present, and pass resolutions with the consent of a majority of the members present;

(2) Matters falling under the following subparagraphs shall be approved at a general meeting by determining the method of disposal of property, with the attendance of not less than 2/3 of the total members and the approval of not less than two-thirds

(Special Resolution)

4. The fact that no dispute exists over the expulsion of the union members and associate union members under Article 14 (based on recognition), the entry of evidence A 3 and 5, the entry of evidence B 1, and the purport of the whole pleadings;

2. The summary of the Parties’ arguments.

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