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(영문) 서울동부지방법원 2017.04.06 2016가합106344
회사에 관한 소송
Text

1. The Defendant confirms that the resolution of expulsion against the Plaintiff made at the ordinary meeting of shareholders on March 21, 2015 is null and void.

2...

Reasons

Basic Facts

The defendant union as a party is an organization established in accordance with the Framework Act on Cooperatives for the purpose of strengthening business competitiveness and promoting mutual welfare among the members of the individual business operators who engage in the business of selling and leasing office fixtures.

The Plaintiff paid 500,000 won to an individual entrepreneur who engages in the business rental business in the name of “B” at the place of business located in Bupyeong-gu, Seocheon-gu, Seocheon-gu and joined the Defendant Union as a member.

The Defendant Union, which decided to dismiss the Plaintiff, issued a resolution to dismiss the Plaintiff (hereinafter referred to as the “instant resolution”) at the ordinary meeting held on March 21, 2015 (hereinafter referred to as the “instant ordinary meeting”). On March 27, 2015, notified the Plaintiff of the fact that he/she was expelled on March 27, 2015. By April 6, 2015, the Defendant Union notified the Plaintiff that he/she would withdraw a leased store established in the Defendant Union’s name and a pharmacy (hereinafter referred to as the “instant general meeting”).

The minutes of the general meeting of this case include 119 persons for the total number of union members at the time of the above general meeting, 34 persons for the direct attendance, and 27 persons for the proxy submission, respectively, and 45 persons for the vote for expulsion against the plaintiff, 9 persons for objection, and 7 persons for objection.

(2) Members of a cooperative may exercise their voting rights or suffrages by proxy.

In such cases, a member shall be deemed present at the meeting.

(3) The agent under paragraph (2) shall be another member or a family member living together with the principal, and the number of members who can act as an agent shall be limited to one person.

(4) The agent under paragraph (2) shall submit a document proving his/her power of representation to a cooperative, as stipulated by articles of association.

Article 25 (Expulsion) (1) If a member of a cooperative falls under any of the following subparagraphs, the cooperative may dismiss the member:

1. If the cooperative fails to use its business activities for a period specified by articles of association;

2. Payment, etc. of contributions and expenses;

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