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(영문) 대전지방법원 2016.01.20 2015가합2595
조합원제명결의취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

The basic facts are the cooperatives established on February 12, 1994 in accordance with the Small and Medium Enterprise Cooperatives Act, the purpose of which is to promote the promotion of mutual welfare among the members and to improve the economic status of the members by carrying out cooperative projects, etc.

The Plaintiffs were members of the Defendant Cooperative, who were stock companies engaged in the manufacture and sales of ready-mixeds, and were members of the Defendant Cooperative. On April 2015, the Plaintiffs joined the Daejeon Sejong Complex Industry Cooperatives established for the same purpose under the Small and Medium Enterprise Cooperatives Act (hereinafter referred to as the “instant newly established Cooperatives”) as members of the Small and Medium Enterprise Cooperatives Act.

On August 12, 2015, the Defendant Union decided to hold an extraordinary general meeting of the members of the Defendant Union and remove the Plaintiffs from the Defendant Union (hereinafter “instant expulsion resolution”).

The grounds and reasons for the resolution for expulsion of this case are as follows: Article 18 subparag. 2 and 4 of the Articles of Incorporation - Members who interfere with or engage in conduct for the purpose of interfering with the business of the association - Members who have inflicted economic loss on the association or lost the credit of the association due to intentional or gross negligence, and who have damaged honor: The plaintiffs join the joint project of the defendant association (government-funded Contac agreement in 2015) and join the newly established association of this case as members of Korea and competition-related parties, thereby causing economic loss due to the reduction of common sales profit of the defendant association due to the participation in the mid-term competitive bidding, and government-funded Contac until 2014.

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