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(영문) 전주지방법원남원지원 2017.09.28 2016가합1548
임시조합원총회결의무효확인
Text

1. The plaintiff (Counterclaim defendant)'s main lawsuit of this case shall be dismissed.

2. The plaintiff (Counterclaim defendant) is the defendant (Counterclaim plaintiff).

Reasons

1. Basic facts

A. The Defendant’s status 1) The Framework Act on Agriculture and Rural Community (amended by Act No. 5758, Feb. 5, 1999; hereinafter “Framework Act on Agriculture”) for the purpose of carrying on manufacture, wholesale and retail business, etc. of molecule alcoholic beverages.

(2) The articles of incorporation of the Defendant, March 9, 2002, stated that the net E (hereinafter “the deceased”), the Plaintiff (the counterclaim Defendant; hereinafter “Plaintiff”) who is a partner of the deceased, and the F, KRW 16,600 (the investment amount of KRW 16,00,000), respectively, stated that the Plaintiff A was 1,00 (the investment amount of KRW 10,000,000), G and H were 100 (the investment amount of KRW 10,000), each of which was 100 (the investment amount of KRW 10,000,000), G and H invested in cash.

B. On September 28, 2009, the minutes of the general meeting of this case and the minutes of the general meeting of this case drawn up as of September 24, 2009 include the following: (a) on September 24, 2009, four of the Defendant’s six members present at the Defendant’s main office, the general meeting of this case, which is an extraordinary general meeting; (b) on September 28, 2009, the resolution approving the withdrawal of the Plaintiffs and H; (c) on approving the joining of I, J, and K; (c) on approving the resignation of the representative director F, directors, and auditors who expressed the intention of resignation; and (d) on the part of the representative director, I, J, K, and H as the representative director; and (e) on September 28, 2009, the resolution to appoint the Deceased was completed on September 28, 2009 by the Defendant’s corporate register.

(c) Article 15 (Fostering of Agricultural Partnership) (3) of the relevant Acts and subordinate statutes and the articles of incorporation of the defendant. An agricultural partnership shall be its members, who are determined by the articles of incorporation of farmers and agricultural products, and persons who are not its members and are determined by Presidential Decree shall invest in the agricultural partnership as prescribed by the

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