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(영문) 광주지방법원 2016.08.11 2016가단502437
매매대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. The plaintiff is a cooperative established under the Small and Medium Enterprise Cooperatives Act on January 31, 1992, and the defendant A is a member who invested one unit in the plaintiff before January 10, 200.

B. On January 18, 2010, the board of directors of the Plaintiff made a resolution that contains the following:

With respect to a person who has failed to comply with the requirements of a cooperative member even though submission or verification of documents concerning the qualifications of the cooperative member required by the cooperative, such person shall be deemed to have impeded the operation of the cooperative or to have inflicted injury on the cooperative member by neglecting or failing to comply with the said requirements

With respect to a person who has not been submitted within 31 days after the end of each fiscal year, the board of directors of the following month shall deliberate on his/her membership and treat the provisions of Article 17 (1) 1 of the Articles of Incorporation as a member so that he/she may lose his/her membership and legally withdraw

C. On July 2, 2010, the board of directors of the Plaintiff passed a resolution containing the following:

A cooperative member shall carry on the business prescribed in Article 9 (Qualification as a cooperative member) of the articles of association, and although the confirmation of the existence of the business is required to verify each accounting year after receiving a business registration certificate from a cooperative member, a peremptory notice shall be sent to the cooperative member who has not submitted a business registration certificate until July 13, 2010 to submit it by registered mail (certified contents) and the qualification of the cooperative member shall be confirmed only by the person who submitted it.

Defendant A, C, and D did not submit to the Plaintiff a business registration certificate until July 13, 2010.

E. The relevant parts of the Plaintiff’s articles of incorporation after the amendment on February 26, 201 are as follows.

1) Members of an association shall include small and medium enterprises under Article 2 (1) of the Framework Act on Small and Medium Enterprises (including small and medium enterprises under paragraph (3) of the same Article).

(2) Of the small and medium enterprise owners under this Act, the portion in the “Business Area” in the “Business Area” has not been amended, and tools, tools, wholesale and retail.

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