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(영문) 대전지방법원 2020.08.19 2019가합101346

이사장 선출결의 무효확인 청구의 소

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Defendant is a cooperative established with the aim of contributing to the sound development of chartered bus transportation business and the promotion of common interests by promoting the public interest of chartered bus transportation business and government policy projects and by publicly announcing the cooperative system among the members of the cooperative, and is a member of the Defendant Cooperative (hereinafter “Defendant Cooperative”) and the Plaintiff is a member of the Defendant Cooperative.

B. On January 8, 2019, the election commission of the defendant union publicly announced the election of the chief director (on January 24, 2019: the election day) and on January 14, 2019, the election commission of the defendant union C [E Co., Ltd., a partner E (hereinafter “E”)] as the former chief director of the defendant union.

) The representative director and the Plaintiff’s representative director were registered as candidates.

C. On January 22, 2019, the Plaintiff requested the election commission of the Defendant Union to verify the details of payment of union dues E in relation to the qualifications for the president of the election commission of the Defendant Union. On January 23, 2019, the election commission of the Defendant Union responded to the Plaintiff that “from January 23, 2019 to 2017 of E, union dues were offset against the president’s official expenses, and the union dues were paid in full in 2018.”

As a result of the 9th election of the president of the defendant union conducted at the extraordinary general meeting of the defendant union held on January 24, 2019, C was elected as the president of the defendant union by obtaining 19 votes among 31 voters.

(1) If a member fails to comply with the articles of association or the matters to be resolved at a general meeting or the board of directors or fails to pay cooperative expenses for at least three months and thereby causes significant trouble in the operation of the cooperative, a resolution to appoint the president of the cooperative shall be reported to the general meeting or the board of directors, and the member may be subject to sanctions in accordance with the general meeting or the resolution of the board of directors.

(2) A cooperative member who fails to pay cooperative expenses for at least three months or who fails to subscribe to a mutual aid shall be assigned to a position of chief director, vice chief director, director and auditor