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(영문) 창원지방법원진주지원 2016.08.24 2016가합10479
임시총회결의무효확인등
Text

1. Of the instant lawsuit, the Defendant’s second general meeting of the Defendant on August 5, 2014 (2014) was returned to the Plaintiffs.

Reasons

1. Basic facts

A. The Defendant is a local agricultural cooperative with the aim of increasing the economic, social, and cultural status of its members by enhancing the agricultural productivity of its members, promoting the expansion and facilitation of the distribution of agricultural products produced by its members, and providing them with technology, funds, and information required by its members. The Plaintiffs are the Defendant’s members.

B. On July 4, 2014, along with F, G, and H (hereinafter “Plaintiffs, etc.”) members, the Plaintiffs sent to the Defendant’s auditor a petition stating that “the Defendant’s president and the board of directors of the Defendant’s association have engaged in illegal performance of duties and misconduct, etc., and if necessary, they constitute a special audit team or request the Minister of Agriculture, Food, and Rural Affairs to request an inspection.” On July 7, 2014, the Defendant’s representative to organize a special audit team or request an inspection from the Minister of Agriculture, Food, and Rural Affairs to audit the contents of the petition; and each of the above petition is referred to as “each of the instant petition.”

The Republic of Korea sent.

The details of each petition of this case are as shown in the attached Form.

C. The Defendant’s auditors audited the content of each of the instant complaints from July 16, 2014 to July 23, 2014.

On August 5, 2014, the defendant held an extraordinary general meeting to report the results of the audit on the petition filed by the plaintiff et al.

In the above special meeting, I and J reported to the effect that the audit results revealed that the contents of each of the instant complaints were not true or that they were merely suspicions without supporting materials.

The report of the auditor presented the opinion that K, L, and M should be responsible for the instant petition to the plaintiff et al., and the representative N shall be the regulation, expulsion, and expulsion of the restoration project to the plaintiff et al.

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