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(영문) 서울중앙지방법원 2015.07.14 2014가합15014

발전기금

Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are assessed against C who is represented by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a non-corporate body comprised of graduates from A University and A University graduate schools.

B. (1) Around 2009, the Defendant was elected as the 25th president of the Plaintiff’s 25th and 26th president and was in office as the president of the 25th president of the Plaintiff’s 25th president. Since then, the 26th president of the Circuit Committee composed of November 23, 201 was replaced by the 26th president, and the Defendant was elected as the 26th president at the board of directors and the 26th general meeting held on March 28, 2012.

At that time, the defendant appointed C as the chief vice-chairperson, who is represented by the plaintiff of this case.

(2) Meanwhile, Articles 8 and 26 of the Plaintiff’s Election Rules (hereinafter “Election Rules”) provide that “a person elected as the president shall pay the total of 600 million won of the development fund by the day before the day before the Ain person’s night event in the pertinent year and, if he does not pay it, lose the effect of election of the president from that time.” Each of the above provisions was applied from the time of the election of the 24th chairmanD implemented around April 18, 2007 by the regulations introduced with the amendment of the Election Rules in April 18, 206.

(3) After the Defendant was elected as the 25th president, the Defendant paid a total of KRW 600 million as the development fund pursuant to Article 8 of the Election Regulations, but after he was reappointed as the 26th president, the Defendant did not fully pay the development fund by December 10, 2012, which was the day before the night event of A in 2012.

C. On October 4, 2013, when E was elected as the president of the 27th National Assembly, the Plaintiff Election Commission announced the candidate registration to elect the president on October 27, 2013, and there was no member who applied for the candidate registration until October 25, 2013, which is the deadline for candidate registration.

Accordingly, on November 4, 2013, the defendant constituted a memorial committee for the president's prosecution.

(2) On November 4, 2013, the senior members of the Ratification Committee were to be appointed on December 18, 2013.