(영문) 광주지방법원 2016.05.26 2015가합60667

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(영문) 광주지방법원 2016.05.26 2015가합60667

조합원 제명결의 무효확인

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1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

A. The defendant has its principal office in Seo-gu, Gwangju, with the aim of promoting the enhancement of agricultural productivity and the enhancement of social and economic status of its members, and the plaintiff is the defendant's member.

B. On October 23, 2015, the Defendant: (a) held a temporary representative meeting to remove the Plaintiff from the Plaintiff’s association on the grounds that the following grounds for expulsion constitute “where the Plaintiff incurred losses to an association by intention or gross negligence or has lost the credit of the association” under Article 12 subparag. 3 of the Articles of Incorporation (hereinafter “instant resolution”).

[Reasons for expulsion] Members A filed a complaint with Nonghyup by exercising pressure on the personnel management and evaluation of agricultural cooperatives, making it favorable for his/her wife to pass an examination for full-time transition by taking advantage of his/her representative status, and by threatening him/her to take advantage of his/her ability to pass an examination for full-time transition, and by threatening the head of an association and economic or general affairs group in collusion with the head of an association and the head of an association and the head of an economic or general affairs group in order to favorable the election, and filed a complaint with the prosecutor's office against the violation of the Agricultural Cooperatives Act by causing the head of an association and the head of an association and the head of an economic or general affairs group to transfer his/her parent to full-time members. However, he/she filed a complaint with the prosecutor's office against the violation of the Agricultural Cooperatives Act, such as CCTV, currency details, multiple large-time investigations, etc., the statement was reversed, and thus, he/she was not subject to a disposition of non-prosecution without suspicion as having been found guilty.

C. The main contents of the relevant statutes and the Defendant’s articles of incorporation are as shown in the attached Form.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 5, and plaintiff's assertion of the purport of whole pleadings

A. The defendant did not err by the plaintiff.

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