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(영문) 광주고등법원(전주) 2016.07.14 2014나2513
조합대의원회결의무효확인 등 청구의 소
Text

1. Revocation of a judgment of the first instance;

2. A resolution by the board of representatives on July 31, 2013, expulsion of the Plaintiff A from its members.

Reasons

1. Basic facts

A. The defendant is a corporation with the purpose of improving the economic, social, and cultural status of its members by providing necessary technology, funds, materials, and information to its members, and promoting the expansion and facilitation of the marketing of livestock products produced by its members, and the plaintiffs are directors and members of the defendant's association.

B. Around May 2013, the Plaintiffs accused the Defendant’s president D, former E, Standing F, Director G, and agent H to the former District Prosecutors’ Office due to the Defendant’s violation of the Agricultural Cooperatives Act and the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation of Trust), and the gist of the accusation is as follows.

The president of a cooperative in violation of the Agricultural Cooperatives Act operated K farm farm in the name of I, J, and L in the situation where the amount of KRW 1.1 billion identified as illegal loans is due to the loan of KRW 3.4 billion from the State in the name of I, J, and L, and when D, E, G, and H conspired with the president of the cooperative around June 2010 and loans the Defendant's funds to D, E, G, and H as the principal of the cooperative jointly and severally liable for the payment of the amount of KRW 1.1 billion, it did not obtain approval from the board of directors, even though it did not obtain approval from the board of directors, and loaned the Defendant's funds to D, I, J, and L.

The violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation of Trust), E, F, G, and H, as the defendant's person in charge of loan business or the president of the partnership, evaluate the collateral in accordance with the credit business regulations, and when the president of the partnership executes a loan of 300 million won or more to the debtor, the partnership shall obtain approval from the board of directors in order to promote D's interests, and when it makes a loan as security for D's land, etc. on June 2010, it did not conduct an appraisal and raised the loan limit without any grounds, and without obtaining approval from the board of directors, it shall make D's spouse L as the debtor and shall be jointly and severally liable for D.

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