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(영문) 울산지방법원 2016.09.29 2016가합20196
대의원회결의취소
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Basic facts

A. Relevant Defendant is a regional cooperative established under the Agricultural Cooperatives Act, and the Plaintiff is appointed as an auditor by the board of representatives of the Defendant Union on February 8, 2015.

B. Some of the representatives of the Defendant Union, who recommended the dismissal, received the dismissal agenda from the audit office of the Plaintiff for the following reasons, with the consent of at least 1/3 of the representatives (at least 35 of the re-representatives).

Reasons for removal.

1. Making a false report on the defective audit and inspection of a loan case to a fund raiser that is a fund raiser for Busan Metropolitan City;

2. Monthly authority of an auditor to perform his duties;

(a) Intervention in elections of the president of the farming association and involvement in the operation of the farming association;

(b) Transition of the board of directors (in cases of an auditor unnecessary involvement in proceedings of the board of directors);

3. Violation of a duty to maintain dignity as its officers;

(a) Dental abuse and disclosure apology for C representatives;

(b) The defendant's office is a crime of defamation, based on the real name or representation (inciting the raculation or disturbance) at the time of reporting the matters requested for audit by D representatives;

C. On December 24, 2015, the Defendant Union adopted a resolution of dismissal against the Plaintiff (hereinafter “the instant resolution of dismissal”) with the attendance of a majority of representatives and the affirmative votes of at least 2/3 of the representatives present at the meeting (52 affirmative votes of the total number of 77 voters), and notified the Plaintiff on December 28, 2015.

The main contents of the articles of incorporation of the defendant association are as follows, and the articles of incorporation do not expressly stipulate the grounds for dismissal of auditors.

(1) Matters in the following subparagraphs shall undergo a resolution of the general meeting:

1. Amendment of the articles of association;

2. Dissolution, division, or change of organization into an item cooperative;

3. Expulsion of a member;

4. Merger;

5. Article 40 (Special Cases concerning Resolutions of General Meeting) (1) The following matters may be substituted by a vote of members at a general meeting, notwithstanding Article 37:

1. Dissolution, division, or dissolution;

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