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(영문) 대구지방법원 김천지원 2017.02.08 2016가합16002
감사해임결의무효확인
Text

1. The claim of this case is dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant is a local livestock industry cooperative established under the Agricultural Cooperatives Act (hereinafter “local livestock industry cooperative”).

B. On February 19, 2014, the Defendant held a general meeting on February 19, 2014, and elected the Plaintiff as a non-permanent auditor while 56 of the 57 representatives present.

C. On June 29, 2015, the 19 representatives, including C, etc., requested the opening of an extraordinary general meeting to dismiss the Plaintiff on July 4, 2016, on the ground that the Plaintiff’s dismissal was the cause of the Plaintiff’s dismissal, by illegally leaking the audit results on the actual status survey conducted in 2014, causing a re-election of the president of the association, and causing a de-election.

On July 4, 2016, the Defendant notified the Plaintiff of the foregoing reason for dismissal by attending an extraordinary general meeting held on July 15, 2016, and the following notice reached the Plaintiff.

E. On July 15, 2016, the Defendant held an extraordinary general meeting and resolved to dismiss the Plaintiff with the consent of 37 members, among 56 representatives, while 53 representatives attend the meeting.

(f) The provisions of the Agricultural Cooperatives Act (hereinafter referred to as the “Act”) and the Articles of Incorporation (hereinafter referred to as the “Articles of Incorporation”) related to the instant case are as shown in the attached Form.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 4 to 13, Eul evidence 1 to 6 (including each number), the purport of the whole pleadings

2. The summary of the cause of the instant action is that: ① there is no demand for dismissal against the Plaintiff; ② procedural defect not adequately guaranteed the Plaintiff’s opportunity for explanation; ③ procedural defect not adequately guaranteed; ③ the president of the cooperative, in the process of carrying out an extraordinary general meeting, advises the Plaintiff on the distribution of explanatory materials prepared by the Plaintiff and the grounds for false dismissal.

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