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(영문) 광주지방법원해남지원 2015.01.15 2014가합3393
손해배상(기)
Text

1. The claim of this case is dismissed.

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

Reasons

1. Facts of recognition;

A. From May 1, 2010, the Plaintiff is a member of a fishing village fraternity comprised of the members of the Defendant Union, who reside in the Defendant Union C, within the jurisdiction of the Defendant Union.

B. On January 7, 2011, the Plaintiff was elected as the head of the fishing village fraternity B, and on June 25, 2012, 11 of the members of the fishing village fraternity were present at the general meeting of the fishing village fraternity B, and was re-registered to the head of the fishing village fraternity as the head of the fishing village fraternity who attended.

C. On January 1, 2013, B stipulated that the amended Articles of Incorporation was enforced from January 1, 2013 and the executives elected in accordance with the previous Articles of Incorporation shall be deemed elected in accordance with the amended Articles of Incorporation.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination

A. On January 7, 2011, the Plaintiff’s summary of the Plaintiff’s assertion was elected as the president of the fishing village fraternity, and thereafter on June 25, 2012, after being elected as the president of the fishing village fraternity, again on June 25, 2012, the Plaintiff was legally elected as the president of the fishing village fraternity through the extraordinary general meeting of the B fishing village fraternity, and the Defendant Union, despite the status of the president of the fishing village fraternity, has a duty to compensate the Plaintiff for the damages suffered by the Plaintiff and to recover the Plaintiff’s reputation.

B. It is reasonable to view that the articles of incorporation of a fishing village fraternity, which was amended by the Ministry for Food, Agriculture, Forestry and Fisheries Notice No. 201-104 on October 13, 201, was the articles of incorporation of each fishing village fraternity in the jurisdiction of the Defendant Cooperatives, including B fishing village fraternity, at the time when the Plaintiff was elected as the leader of the fishing village fraternity on January 7, 201, and was used in the articles of incorporation of each fishing village fraternity. Thus, it is reasonable to view that the articles of incorporation of the fishing village fraternity was the articles of incorporation of the two fishing village fraternity even if it was merely the form of title.

In addition, according to Article 9 and Article 42 (1) 11 of the amended Articles of Incorporation, only the members of the defendant's association can become a member of the fishing village fraternity B.

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