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(영문) 광주지방법원 2018.07.12 2017가합55072
조합원임시총회결의무효확인
Text

1. On December 20, 2016, the resolution mentioned in attached Form 1-1, which was adopted at a general meeting of temporary partners on December 20, 2016 by the defendant, shall be confirmed as invalid

2.

Reasons

1. Basic facts

A. The defendant may establish an agricultural partnership with five or more members, if the defendant intends to enhance productivity through collaborative agricultural management and jointly carry out the shipment, processing, export, etc. of agricultural products under Article 28 of the former Framework Act on Agriculture, Rural Community and Food Industry (amended by Act No. 9620, Apr. 1, 2009; hereinafter the "former Framework Act on Agriculture and Food").

On May 21, 2009, an incorporated farming association is a total number of shares of 90,00 shares of investment, an amount of 10,000 shares of investment, an total amount of 90,000 won of investment, and an amount of 900,000 won of investment.

B. On May 26, 2016, the Plaintiff acquired a total of 14,410 shares of investment from C and D, a member of the Defendant, as indicated in the following table (hereinafter “instant acquisition of shares of investment”) and became a member of the Defendant following a resolution of the Defendant’s general meeting of partners.

The transfer value per unit (won) C 10,000 34,700 347,000,000 D 4,410,700 D 4,410 34,700 153,027,00 aggregate 14,410,000 50,027,000

C. On December 15, 2016, the Defendant sent a notice of convening a general meeting of partners to the Defendant’s members, including the Plaintiff, “to hold a temporary general meeting on December 20, 2016, and to make a resolution on the agenda for capital increase with consideration,” and the said notice of convening a general meeting of partners reached the Defendant’s members, including the Plaintiff, around December 19, 2016.

On December 20, 2016, the Defendant held a temporary member’s general meeting (hereinafter referred to as “instant general meeting of partners”) among nine members (the Plaintiff did not appear) among the total 12 members, and the provisions relating to this case in the Articles of incorporation of the Defendant and the provisions relating to the resolution of the general meeting of partners and the quorum of the general meeting of partners are as follows.

Article 37 (Matters subject to Resolutions of General Meeting) The following matters shall be subject to resolution at a general meeting:

7. Matters concerning contributions, which are referred to in Article 38;

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