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(영문) 대구지방법원 2017.11.16 2017가합201433

당선무효확인

Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The Defendant T Trucking Transport Business Association (hereinafter “Defendant”) is a corporation established to improve the status of trucking transport business operators in V areas under the Trucking Transport Business Act, and the Plaintiffs are its members.

B. On January 20, 2017, the Defendant decided to hold the 27th election for the chief director (hereinafter “instant election”), and U and W among the Defendant’s members were present as candidates.

C. In accordance with the articles of incorporation and the Election Management Act, the Defendant determined 175 electors of the instant election as not less than 20 vehicles, excluding the unpaid members of the association fees, and 73 persons elected as representatives pursuant to Article 20(4) of the Defendant’s Articles of incorporation from among the Defendant’s members whose number of vehicles is less than 20 vehicles.

Of the above 248 persons who have voting rights in the election of this case (i.e., 175 persons and 73 persons), 220 persons among the above 248 persons who have voting rights (i.e., 175 persons) obtained 138 votes (62.7%) and 78 votes (35.5%) respectively, and 4 votes (1.8%) were invalid, U was elected as the 27th president of the Defendant.

E. The main contents of the Defendant’s articles of incorporation and election management regulations are as follows.

Article 8. The members of the Association shall be members of the regular association and associate association.

(1) Associate Association members: A person who has obtained a license or registration for T Freight trucking services and who is a member of the Association (hereinafter referred to as the "Association member"): (2) A Associate Association member shall have the principal office within another City/Do and V and shall have the following rights with respect to the Association at the place of business located in the Do in which the Association is a member of the Association (hereinafter referred to as the "Associate Association member") after the commencement of the business after obtaining authorization for the establishment of the business

(1) Voting rights at a general meeting. (2) Other rights to request the convocation of a general meeting. (4) Other rights to inspect documents of this Association, which are deemed necessary by the board of directors of the Association.