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(영문) 광주지방법원 2017.07.21 2017가합52219

감사지위확인 등

Text

1. The plaintiff confirms that he is the defendant's auditor.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit, 1/10 shall apply.

Reasons

1. Basic facts

A. The Defendant is a cooperative established for the purpose of enhancing the livestock productivity of its members, promoting the expansion of markets for livestock products produced by its members and the activation of distribution sources, and improving its members’ status by providing technical funds, materials, and information required by its members. The Plaintiff is a person who runs a candidate with C and D in an election of non-standing standing auditors conducted by the board of representatives held on February 10, 2017 by the Defendant.

B. In the above election, 67 persons, who are all the registered representatives of the defendant, participated in the voting to elect two non-permanent auditors (hereinafter “instant voting”), and cast two persons, including the plaintiff, among three candidates. The voting was held in the name of postponement, and the “person”, who is dissipated in the lower end of the voting instruments kept in the voting place, was put in the ballot box after being put in the name of the candidate and then put in the ballot box.

C. The voting result (hereinafter referred to as “the result of the primary voting”) consisted of 48 votes, c candidate 33 votes, 35 votes, and 2 marks of invalidation (hereinafter referred to as “instant invalid votes”), and the chairman of the election management commission announced D candidates and the Plaintiff as the auditor.

However, immediately, the vice-chairperson of the Election Commission confirmed that the invalid mark of this case was put on the upper part of the balloting aid that “” did not have both emulated, and that one of the representatives claims the re-examination mark, and the entire members of the election commission discussed the re-examination, and then recognized the invalid mark as a candidate C candidate’s mark.

Accordingly, the number of votes obtained by the plaintiff and C candidates was equal to 35 votes, respectively, and the chairperson of the election management association is equal to or lower than the articles of incorporation of the defendant association.

Pursuant to Article 118(1) and Article 105(2), C candidate who is the oldest is the largest shareholder and re-published as the auditor. D.

In response to the above decision, the chairman of the election management committee held the second vote in accordance with the opinion of all representatives.

The second ballot shall record only the plaintiff and one candidate certificate.