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(영문) 대구지방법원 포항지원 2018.09.06 2017가합143
이사회결의(조합장직무정지)무효확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a non-corporate association established to promote an urban development project (hereinafter “instant project”) with respect to the area of 226,090 square meters in Northern-gu, Northern-gu, Chungcheongnam-gu. The Plaintiff is the head of the Defendant’s association.

B. Upon the call of an auditor D, the Defendant held a board of directors on March 9, 2017 (hereinafter “Board of Directors”). ① the Plaintiff’s meeting of KRW 24,00,000 (monthly 4,00,000 x 6 months) with the Plaintiff’s meeting without deliberation, resolution, and resolution of the board of directors; ② the Plaintiff voluntarily organized and executed union operation expenses without deliberation and resolution of the first board of directors; ③ the Plaintiff borrowed money from the trustee and returned the said money to the trustee with the money of the union; ④ the Plaintiff made a resolution to suspend the Plaintiff’s duties as the president of the association (hereinafter “resolution to suspend duties”).

C. On April 28, 2017, the Defendant held an extraordinary general meeting on April 14:00, and the resolution of dismissal of the Plaintiff was passed at the said extraordinary general meeting (hereinafter “instant resolution of dismissal”). D.

The parts relating to this case in the Defendant’s articles of incorporation are as follows:

Article 14 (Executives, Employees, Remuneration, etc.) (3) The Cooperative may pay remuneration to the president, full-time directors and paid employees after a resolution of the board of representatives.

Provided, That the expenses incurred by an executive in the course of performing his/her duties may be separately paid.

Article 16 (Election of Officers) (1) A cooperative shall operate an association with the following executives:

1. One head of the partnership;

2. Six directors; and

3. Two auditors (Dismissal, etc. of Officers) (1) Any executive may be dismissed if he/she causes an unreasonable loss to the Cooperative in violation of his/her duties, abandonment of his/her duties, neglect of his/her duties, negligence, or other matters prescribed by the Urban Development Act, or this Decree and the articles of association (including the enforcement rules and

(e).

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