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(영문) 울산지방법원 2019.10.30 2018가합26679
회사에 관한 소송
Text

1. The notice of audit, dismissal and expulsion of members issued by Defendant B against the Plaintiff on October 12, 2018 is null and void.

Reasons

1. Basic facts

A. 1) The defendant association is a legal entity established under the Social Welfare Services Act for the purpose of creating jobs for the elderly, etc., and the defendant C is the representative director of the defendant association, and the defendant D was a person who was a military unit of the defendant association. 2) The plaintiff is a member of the defendant association and was an auditor from early 2017.

B. On October 4, 2018, the Defendant’s Plaintiff’s audit, dismissal, and membership expulsion 1) The Defendant’s association held a punishment committee on the following: (i) the dispute between executives and the obstruction of duties; (ii) the dissolution of Edong Ri Ri; and (iii) the distribution of printed articles by illegally viewing and copying materials kept by the office without due process (hereinafter “instant dismissal and expulsion agenda”).

(2) On October 9, 2018, the Plaintiff filed an objection with the Defendant association to the effect that “the Plaintiff’s audit, dismissal, and expulsion against the Plaintiff may not be recognized as having any substantive and procedural defect in violation of the Defendant association’s articles of association.” On October 12, 2018, the Defendant held the Second Standing Committee to review the instant dismissal and expulsion agenda. However, on October 12, 2018, the Plaintiff made a decision to maintain the original decision with eight attendance and consent of the total members, and on the same day, notified the Plaintiff thereof (hereinafter “decision on dismissal and expulsion”).

[Reasons for Recognition] Unsatisfy, Gap evidence 13 to 15, Eul evidence 5, the purport of the whole pleadings

2. Validity of the decision on the dismissal and expulsion of this case

A. According to the articles of incorporation of the Defendant association asserted by the parties, the dismissal of executive officers shall be reported to the general meeting through the deliberation of the committee for punishment and the resolution of the board of directors, and the final resolution of the general meeting.

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