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(영문) 수원지방법원 안산지원 2018.04.19 2017가합1186
조합원제명결의무효확인 등
Text

1. On September 27, 2017, the board of directors confirms that a expulsion resolution against the Plaintiff is null and void.

2...

Reasons

1. Basic facts

A. Defendant B’s association (hereinafter “Defendant B association”) is a juristic person established on April 28, 200 with the objective of improving the facilities and technology of the motor vehicle management business, conducting research for development, and promoting projects for maintaining cooperative systems and promoting common interests among its members.

B. Defendant C, as a member of the Defendant Union, is serving as the president of the D branch of the Defendant Union (hereinafter “D branch”) from January 1, 2016 to the date of the closing of argument.

C. On June 21, 2017, the Plaintiff posted a letter to the effect that, as a member of the Defendant Union, who was affiliated with the D Branch, Defendant C used Defendant C’s funds for KRW 1 million in the budget of the D Branch branch, and divided the gift certificates to the rejection of executive officers, etc. during the training of executive officers.

D The branch of the D shall, on September 5, 2017, resolve by the 9th Operating Committee to commence the disciplinary procedure against the plaintiff, following the same month.

7. The Plaintiff demanded that the Plaintiff submit a vindication regarding the Plaintiff’s disciplinary procedure.

Since then D Branch held the Second Provisional Steering Committee during the 13th of the same month from among 21 registered operating members, and passed a resolution to request the Defendant Union to recommend the expulsion of the plaintiff as a disciplinary action against the plaintiff with the consent of nine among 17 operating members.

D on September 18, 2017, the branch of the association sent to the chief director of the defendant association an official letter requesting the expulsion of the plaintiff in accordance with the above resolution.

E. On September 19, 2017, the Defendant Union demanded the Plaintiff to present an explanation to the effect that D branch requested the Plaintiff to present an explanation on the spread of false information on the website.

On September 29, 2017, the Defendant Union decided to dismiss the Plaintiff with the consent of all the members present at the 8th meeting of the 24th meeting in 2017, where all the 24 directors of the Defendant Union were present.

(f) Articles of incorporation concerning disciplinary action against the defendant union members.

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