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(영문) 광주지방법원 2019.07.12 2018가합53400
이사 및 이사장제명 등 청구의 소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. The Defendant is the chief director of the C Union established pursuant to the Framework Act on Cooperatives (hereinafter “instant Union”), and the Plaintiff (hereinafter “Plaintiff”) and the designated parties are the members of the instant Union.

B. Of the articles of incorporation of the instant association, the contents pertaining to the instant case are as follows.

Article 11 (Joining of Partnership) (1) When a person who is qualified as a partner intends to join a partnership, he/she shall submit an application for joining.

(2) Upon receipt of an application under paragraph (1), the Cooperative shall verify the applicant's qualifications and determine whether to accept the application and notify the applicant of the decision in writing or by telephone, etc. within two weeks from the receipt of the application.

(3) A person in receipt of the notice of subscription pursuant to paragraph (2) shall be eligible to join the cooperative and become a member by paying to the cooperative an amount of contribution units he/she has to pay to the cooperative within

Article 15 (Expulsion) (1) Any association may be expelled upon a resolution of the general meeting where a member falls under any of the following subparagraphs:

1. Where it has failed to use the facilities or business of the union continuously for one year or longer;

2. Where a cooperative does not perform its obligations, such as payment of contributions and expenses;

3. Where it violates Acts and subordinate statutes, administrative dispositions, articles of association and regulations;

4. Where it obstructs the business of the cooperative or causes loss of credit by intention or gross negligence, the cooperative member shall make at least one contribution unit, and the amount per contribution unit shall be twenty-five thousand won;

Article 28 (General Meeting) (1) Partnership shall have a general meeting.

(3) A general meeting shall be comprised of members, and the president shall preside over it.

Article 34 (Matters subject to Resolutions of General Meeting) The following matters shall be subject to resolution at the general meeting:

3. Election and removal of officers;

8. Expulsion of a member. (1) Each member shall be made one regardless of the number of contribution units;

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