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(영문) 춘천지방법원 2015.04.01 2014가합826
대의원총회결의 무효확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a corporation established with the purpose of providing information required by its members under the Forestry Cooperatives Act and expanding markets for forest products produced by its members and facilitating their distribution. The Plaintiff is the Defendant’s member and director, and the Plaintiff was in the Defendant’s position of acting as the president of the association from October 8, 2012 to April 8, 2013.

B. On January 28, 2014, the Defendant dismissed the Plaintiff from office as a director on the ground that “the Plaintiff has damaged the reputation of the president of the association and the association by making a petition and a deposit with the Plaintiff, thereby impairing the trust of the president of the association and the association,” and decided to dismiss the Plaintiff from office as a director and to dismiss the Plaintiff from the association members.

(hereinafter referred to as the "resolution of this case"). Article 19 (Expulsion) (1) In cases where a member of this association falls under any of the following subparagraphs, an expulsion may be made upon the resolution of the general meeting:

However, the Cooperative shall notify its members of the reason for expulsion and give them an opportunity to state their opinions at the general meeting 10 days prior to the opening of the general meeting.

1. A cooperative member who does not use its business;

2. Members who have failed to pay contributions and expenses, or to perform obligations to the Association; and

3. A member who obstructs the activities of this association;

4. Any of the following matters shall be subject to a resolution at a general meeting of shareholders:

3. Expulsion of partners. (2) Except as otherwise provided in Acts and subordinate statutes or the articles of incorporation, the general meeting shall be held with attendance of a majority of partners and pass resolutions with the concurrence

Provided, That the matters referred to in paragraph (1) 1, 2, and 3 shall be held with attendance of a majority of the members, and the resolution shall require the concurrent vote of at least two-thirds

Article 51 (Board of Representatives) (1) The general meeting of this Association.

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