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(영문) 인천지방법원 2018.09.18 2018가합50771
제명처분무효확인 청구의 소
Text

1. On May 15, 2017, the board of directors confirms that a resolution recommended by the Plaintiffs is null and void.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The parties concerned Plaintiff A is the Defendant’s regular member, C branch director, D branch operation member, Plaintiff B is the Defendant’s regular member and C branch operation member.

The defendant is an incorporated association established pursuant to Article 28-2 of the Water-Related Leisure Activities Safety Act for the purpose of research business to promote water-related leisure safety and water-related leisure industry, operator license test agency business, etc.

B. On July 10, 2013, the 6th board of directors held the 6th board of directors on July 10, 2013. At the time, the 50,000,000 won for the registration of a new branch, and the operator license test and exemption education, respectively.

C. On March 30, 2017, the Defendant requested the payment of the Defendant’s registration supporting fee and annual fee, sent a letter to the Plaintiffs on April 12, 2017, and on April 20, 2017, stating that “The Defendant is expected to request the payment of the membership fee and the registration supporting fee and to impose sanctions after submitting it to the board of directors,” and served around that time.

Accordingly, on April 26, 2017, the Plaintiffs sent to the Defendant a public letter stating that “The payment of annual fees to regular members would be paid until June 30, 2017, because our branch bankbooks are seized due to the work performed by the executive organ of the Association (Secretariat) on March 24, 2017. Nevertheless, the Plaintiffs unilaterally notified the payment date of annual fees to regular members and became close to the canal for sanctions to be taken. Since our branch does not start the business and have financial difficulties, the Plaintiffs would pay regular members the annual fees to the Defendant until June 30, 2017 after the commencement of the business.” This time was served.

On April 27, 2017, the second board of directors held the second board of directors on April 27, 2017, with the deliberation and resolution of the "cases of disciplinary action against members, closure of branches, and deletion of registrations."

Of the above deliberations and resolutions, the Plaintiff A, the chief of the C branch, is a member of the membership fee of KRW 3 million, and Plaintiff B, the managing member of the C branch.

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