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(영문) 수원지방법원안양지원 2014.09.05 2013가합5362
이사회결의무효확인
Text

1. On September 25, 2013, the board of directors confirms that a resolution of expulsion of members against the Plaintiffs is null and void.

2...

Reasons

1. Facts of recognition;

A. The defendant is an incorporated association established for the purpose of W excavation, research and distribution, etc. and obtained permission from the Governor of the Gyeonggi-do on August 20, 2009. The plaintiffs in the membership list prepared by the defendant around 2009 to obtain the above establishment permission are stated as the defendant's members.

B. At around 11:00 on September 25, 2013, the Defendant held a board of directors at the meetings of Y, Z, Plaintiff, and B, the Defendant’s director, and presented a proposal to the Plaintiffs on the grounds that the Plaintiffs did not act as the Defendant member or did not perform their obligations as a member.

C. As to the above agenda, Plaintiff A, B opposed, Y, and Z were the numbers of votes of approval. However, pursuant to Article 29(1) of the Defendant’s Articles of Incorporation, Defendant Y, the president of the board of directors, determined the above agenda to be resolved, and the expulsion resolution was made (hereinafter “instant expulsion resolution”).

The provisions of the Defendant’s articles of incorporation regarding the instant case are as follows:

Article 5 (Qualification for Members) Members of the Federation shall be the persons and organizations which have consented to the objectives of the establishment of the Association and which shall submit an application for the prescribed membership and approved by the Board of Governors.

Article 7 (Duties of Members) Members of the Federation shall have the following obligations:

1. Compliance with the articles of association and all the rules of an incorporated association;

2. Obligations of the general meeting and the board of directors to implement resolutions;

3. Membership fees and obligation to pay contributions;

4. Other obligations to cooperate in the business of the franchises in accordance with Article 9 (Reward of Members).

2. Disciplinary action, such as expulsion, suspension of qualification, reprimand, etc., may be taken upon a resolution of the board of directors against a member who has committed an act, reputation, or damage to dignity or dignity in violation of the objectives of this Federation, or has failed to perform the obligations under Article 7;

§ 25 (Composition of Board of Directors) The board of directors of this meeting shall consist of a chief director and directors.

Article 29 (Quorum for Resolution)

1. The board of directors shall adopt resolutions with the consent of the majority of the registered directors;

However, in the case of numbers of votes, the Speaker.

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