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(영문) 광주지방법원목포지원 2019.06.11 2018가합11447
이사회 결의 무효 등 확인
Text

1. The Defendant’s automatic expulsion resolution as of March 12, 2018 against the Plaintiff and the expulsion resolution as of October 16, 2018, respectively.

Reasons

1. Facts of recognition;

A. The status of the parties (1) From 1993 to 1994, the Plaintiff served as the president of the C clubD zone, and joined the Defendant club around 2015.

(2) Since March 2014, E, as a member of Defendant club, served as the president of the community center fund management center of the F Council to which Defendant club belongs (hereinafter “instant Council”). On July 1, 2017, E was elected as the president of the instant community club G district to which the instant Council belongs (hereinafter “instant district”).

B. Around July 20, 2015, E’s act of misconduct and the Plaintiff’s criminal charge (1) E committed a wrongful act using KRW 235,597,693 of the funds of the instant Council as personal business fund while managing the Fund as the chairperson of the center fund of the instant Council (hereinafter “instant wrongful act”). (2) On March 6, 2017, the instant Council decided not to raise any further question as to the instant wrongful act when E is elected to the president of the instant district, from a regular monthly meeting held on March 6, 2017.

(3) On December 13, 2017, the Plaintiff accused E as a crime of occupational embezzlement in violation of the resolution of the instant council on December 13, 2017.

(4) On April 17, 2018, E received a summary order of KRW 5,00,000 as a crime of occupational embezzlement with respect to the instant misconduct in the Yeongdeungpo Branch of the Gwangju District Court.

(B) The above summary order was finalized as it is, on April 17, 2018, 2018.

C. (1) On May 8, 2017, the Plaintiff submitted to H movables a letter of designated donation with the content that the name, etc. of the I clubs, including the Defendant’s club (hereinafter “instant commemorative expenses”) was newly set up at the Plaintiff’s expense to donate it to Simpo.

(2) On May 22, 2017, for the Plaintiff on May 22, 2017, concerning the establishment of the instant commemorative expenses and the use of the name of a club, such as C, prior to donation.

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