(영문) 수원지방법원 2017.06.16 2016가합2027

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(영문) 수원지방법원 2017.06.16 2016가합2027

이사회결의무효확인

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant is a branch of the C's descendants organized for the purpose of friendship and unity among its members, and has its location in eternia D, and the plaintiff is a member of the Defendant's clan.

B. On December 27, 2015, the Defendant held a board of directors on December 27, 2015, and made the instant resolution to suspend the Plaintiff’s membership for ten (10) years.

C. The main parts of the Defendant’s articles of incorporation are as follows.

VI.(Qualifications for Members)The members of this meeting shall be entitled to be not less than 20 years of age with C's descendants.

VII. (Members' Rights) Members of the plenary session shall be entitled to vote and be elected at a general meeting.

Article 8 (Duties of Members) The obligations of members of the Assembly shall be as follows:

1. Observance of the articles of association and regulations;

2. A meritorious prize and supplementary prize shall be awarded to members who have contributed significantly to the development of the main body of society, extraordinary general meetings, or resolutions adopted by the board of directors, under Article 16;

If a member violates any of the following matters, he/she may be disciplined following a resolution of the board of directors:

(1) If a member interferes with defamation or business at the plenary session, he/she shall be disqualified for not more than ten years;

2. When the plenary session causes damage to property, civil or criminal liability may be imposed;

3. Where the obligation under Article 8 of the plenary session is not fulfilled (founded for recognition), the fact that no dispute exists, Gap evidence 2, Eul evidence 1, and the purport of whole pleadings;

2. The plaintiff's assertion that the defendant should go through a resolution of a general meeting, not the board of directors, in order to punish the suspension of qualification against the members. The period of suspension of qualification can be limited to a period not exceeding five years. Since the defendant made the resolution of this case to suspend the plaintiff's qualification for ten years, the resolution of this case is null and void.

In addition, it should not be recognized that the defendant's suspension of qualification for ten years against the members violates the essential contents of the unique and basic rights of the members.

3. Determination

A. Regarding the assertion of procedural defects

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