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(영문) 대구지방법원 포항지원 2018.10.11 2018가합133
어촌계원제명취소및가입금반환청구
Text

1. On June 16, 2017, the Defendant’s expulsion of the Plaintiff from the Defendant’s fraternity on June 16, 2017 confirms that the disposition is null and void.

2. The costs of lawsuit shall be.

Reasons

1. The defendant is the fishing village fraternity affiliated with C Association established and organized as a person engaged in fisheries in South-gu Briwon at the port of port, and the plaintiff is the defendant's fraternity.

On June 13, 2017, the Defendant sent a letter verifying contents to the effect that “the Plaintiff would be in the process of expulsion pursuant to Article 17(1)3 of the articles of incorporation of the fishing village fraternity on the grounds that the Plaintiff appeared in the police as a witness and made a false statement in relation to the Defendant’s case against the chief of the fishing village fraternity, thereby impairing the honor of the fishing village fraternity and causing damage to the fishing village fraternity. By June 16, 2017, the Defendant would be given an opportunity to make a statement.” This reached the Plaintiff at that time.

The Defendant, which was held on June 16, 2017 (hereinafter “instant general meeting”), adopted a resolution to dismiss the Plaintiff (hereinafter “instant resolution”) at an extraordinary general meeting held on June 16, 2017 (hereinafter “instant general meeting”). Around that time, the Defendant expelled the Plaintiff from the Defendant’s fraternity.

(hereinafter “instant expulsion”). The provisions of the Defendant’s articles of incorporation relating to the instant case are as follows.

Article 17 (Expulsion) (1) If an instructor falls under any of the following subparagraphs, he/she may be expelled through a resolution of the general meeting:

3. Where he/she violates Acts and subordinate statutes, administrative dispositions under Acts and subordinate statutes, articles of association or other rules, or inflicts losses on, or damages reputation or credit by intention or gross negligence (applicable to recognition), facts without dispute, entries in subparagraphs 3, 5, 6, and Eul evidence 6, and the purport of the whole pleadings;

2. The parties' assertion

A. The instant proposal was not adopted at the general meeting of the Plaintiff at the instant assembly, and there was no ground for expulsion to the Plaintiff. Thus, the instant expulsion disposition is null and void.

B. The plaintiff, in collusion with the defendant non-party D, filed a complaint against the defendant Eul, who is the chief of the fishing village fraternity, by occupational embezzlement, etc., and attended the investigation agency to state false facts, while the plaintiff's chief and the executive secretary are

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