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(영문) 부산고등법원(창원) 2019.04.04 2018나14079
제명결의무효 확인의 소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. Pursuant to Article 15 of the Fisheries Cooperatives Act, the Defendant is a fishing village fraternity, the area of which is the Fil-gu, Chang-gu, Chang-gu, established for the purpose of promoting joint projects to enhance the productivity of fisheries and improving the economic, social, and cultural status. The Plaintiff was in charge of the Defendant’s financial affairs from June 2010 to May 2014.

From April 3, 2001 to May 16, 2010, G, from June 201 to August 2015, and H have been assigned from October 3, 201 to October 3, 2015.

B. On January 26, 2018, the Defendant notified the Plaintiff of the grounds for expulsion as follows:

2. The Plaintiff was in charge of the Defendant’s financial affairs, which was transmitted from June 2010 to May 2015, as well as from the Defendant’s financial affairs, and thereafter, the Plaintiff was in charge of the Defendant’s financial affairs.

In the process, there is a fact that he has received benefits of KRW 400,000 per month and KRW 200,000 each during the audit period.

3. During the period in which the Plaintiff had been in charge of finance to the former president C at will embezzled KRW 1.5 million, it can be known that C had not faithfully performed its duties as a finance, and there is a circumstance in which C had not faithfully performed its duties at the time of having performed its audit to the effect that the original account book recorded at the time of having been in charge of finance was "no longer than the audit result" while conducting the private person, but did not perform his duties at the time of having performed its financial affairs, such as revising the contents of the original account book recorded at will.

4. Therefore, the plaintiff's articles of incorporation is when he/she violates an administrative disposition under Acts and subordinate statutes or violates the articles of incorporation or significantly damages the honor or credit of the plaintiff due to intention or gross negligence among the grounds under paragraph (1) of Article 17 of the defendant's articles of incorporation, and he/she interferes with the business of the plaintiff.

I have the honor to this effect.

C. The Defendant holds a general meeting on March 2, 2018, and the foregoing reasons are the Defendant.

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