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(영문) 수원지방법원안양지원 2014.11.14 2014가합1497
종원자격정지 무효
Text

1. Of the instant lawsuit, the part demanding the invalidation of the covenant of qualification suspension for the members of the clans in its articles of association.

Reasons

1. Basic facts

A. The defendant is in written form comprised of D descendants among C, and the plaintiff is the head of the defendant's family.

B. On March 23, 2013, the Defendant: (a) held a board of directors while all the directors were present; and (b) took disciplinary action against the Plaintiff, with the consent of 12 directors, for the reason that the Plaintiff committed an act falling under Article 8(1)2, 3, and 6 of the Defendant’s Articles of incorporation, such as suspending the qualification of a principal officer and suspending beneficiaries (hereinafter “instant disciplinary action”).

C. On April 15, 2013, the Defendant: (a) held a general meeting on March 17, 2013 to the Plaintiff; (b) held a resolution to amend the articles of incorporation and to leave the board of directors; (c) the Plaintiff dissatisfied with the resolution; and (d) provided notification to the Plaintiff that the Plaintiff was subject to the instant disciplinary action for the suspension of qualifications for the clan members from March 23, 2013 to March 22, 2016, since the act falls under Article 8(1)2, 3, and 6 of the clan’s articles of incorporation.

The details of disciplinary action among the defendant's articles of incorporation are as follows:

Article 8 (Disciplinary Action) (1) A disciplinary action may be taken against any of the following persons among the accessories of this sentence:

3. A person who has committed an act of obstructing the project under this sentence on purpose or by gross negligence; and 5. A person who has been convicted of having caused property damage under this sentence on purpose or by gross negligence; 6. A person who has committed an act detrimental to the development of this sentence or committed an act contrary to the intention.

1. Temporary suspension of the qualification for an assistant member (within ten years);

2. The members subject to a disciplinary measure of temporary suspension of the eligibility as a member of the Council may restrict the participation, proposal, resolution, and voting rights in various meetings during the period of the disciplinary measure.

(4) A clan subject to a disposition of suspension of beneficiary may pay differential amounts of money distributed, a bounty, and a welfare support fund provided for in Article 4 (1) 8 of this Decree.

(b).

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