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(영문) 춘천지방법원강릉지원 2014.08.14 2013가합1443
의결무효확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 29, 1969, the Defendant Union was established for the purpose of improving the economic, social, and cultural status of its members by providing its members with technology, funds, materials, and information necessary for its members by enhancing the agricultural productivity of its members and promoting the expansion and facilitation of the marketing of agricultural products produced by its members. The Plaintiff is a non-standing director elected by the board of representatives of the Defendant Union as of February 7, 2013.

B. On June 10, 2013, the Defendant Union: (a) held a temporary board of representatives on June 10, 2013, and pressure the Plaintiff’s resignation from the head of the Defendant Union at the time to leave the place of the Defendant Union; and (b) led D and E to bad faith in the Defendant Union; (c) made a resolution to dismiss the Plaintiff from the Defendant Union’s members on the ground that the Plaintiff either intentionally or by gross negligence inflicted loss on the Defendant Union or lost the credibility of the Plaintiff Union (hereinafter “instant expulsion resolution”).

C. The Plaintiff filed a lawsuit against the Defendant Union seeking confirmation of invalidity of the instant expulsion Resolution as the court 2013Gahap709. On December 19, 2013, the court rendered a judgment of nullification as to the instant expulsion on the ground that the Plaintiff’s act on December 19, 2013 cannot be deemed as either intentionally or by gross negligence causing loss to the Defendant Union or causing loss to its credit.

(The part concerning the plaintiff in the above judgment is confirmed as it is without filing an appeal).

On November 29, 2013, the Defendant Union held a provisional board of representatives on November 29, 2013, and the Plaintiff has injured the credit and honor of the Defendant Union in and out of the country against the Defendant Union in a lawsuit, and is dissatisfied with this by filing a lawsuit against the Defendant Union to confirm the invalidity of the expulsion resolution, even though it was expelled from the members by the resolution of expulsion of this case. The Defendant Union and the person in the lawsuit are non-permanent directors.

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