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(영문) 춘천지방법원속초지원 2017.08.24 2016가합300406
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Defendant (hereinafter “Defendant fishing village fraternity”) is a non-corporate body established under the Fisheries Cooperatives Act with the aim of enhancing the productivity of fishery business of the members of fishing village fraternity and promoting the implementation of joint projects to improve their living conditions and the improvement of economic, social and cultural status. The Defendant’s portion of the Yangyang-gun Cri and Driwon is one of its districts.

Article 9 (Qualification of Assistants) Any member of the Association who resides in the area of this fraternity and has engaged in the sea for at least 60 days a year may join the fraternity.

Article 10 (Joining the System) (1) A person who intends to join the System shall submit an application for joining in the attached Table, accompanied by a copy of the investment certificate and a copy of the number of days working at sea.

Any person who intends to join the fraternity pursuant to this Regulation shall be recognized as a member of the fraternity with the approval of a majority of the members present at the general meeting of fishing village fraternities.

(2) Where the head of a fraternity receives an application for joining pursuant to paragraph (1), he/she shall grant a general meeting to examine whether he/she is qualified as a member, and determine whether to admit.

(4) When an applicant falls under any of the following subparagraphs, this guidance shall not approve his/her accession:

1. A person who obstructs the establishment of this fraternity or its business;

2. A person who has severely damaged the honor or credit of this fraternity;

B. The qualifications and membership of the members of the fishing village fraternity in the rules of the defendant fishing village fraternity are as follows:

(A) Evidence No. 3, hereinafter referred to as the “instant Code”).

Around January 2016, the Plaintiff submitted an application for membership to Defendant fishing village fraternity (hereinafter “instant application”), and Defendant fishing village fraternity held a new general meeting on January 20, 2016 and took part in the Plaintiff’s vote. From among 32 members, 27 members of the total fraternity participated in the voting, the said agenda was rejected in the number of 4 concurrent votes and 23 opposing votes. Defendant fishing village fraternity notified the Plaintiff of such fact on January 22, 2016.

[Ground of recognition] without any dispute, Gap 3, 4 (including paper numbers), Eul .

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