당선인 결정 무효 확인
In the defendant's election of the chief director that was held by the defendant on February 14, 2020, the defendant's assistant intervenor is decided as the elected person.
1. Basic facts
A. The Defendant is a non-profit corporation established with the aim of cultivating a sound national spirit and contributing to the development of the national economy through the raising and utilization of funds on the basis of our unique spirit of mutual assistance based on a member’s voluntary and cooperative organization and the improvement of the economic, social and cultural status of its members and community development.
B. On February 14, 2020, the Defendant held the 40th general meeting of the instant general meeting (hereinafter “instant general meeting”) and held an election of directors, including the chief director and the vice chief director (hereinafter “instant election”). The Plaintiff and the Intervenor joining the Defendant (hereinafter “Supplementary Intervenor”) left the instant election as the chief director candidate.
C. In the instant election, 751 of the total number 1,020 voters participated in the voting, the Plaintiff obtained 363 votes, and the Intervenor obtained 370 votes, and the invalidation vote occurred 18 votes.
The chairperson E of the election commission of this case decided and announced the intervenor as the elected person, and the above election commission (hereinafter “the election commission of this case”) announced the intervenor as the elected person on February 21, 2020.
(hereinafter referred to as “instant decision”) . [The grounds for recognition] did not dispute, Gap 1-4, 6, 7, 12, 17 evidence, Eul 3, 11, 12 evidence, and the purport of the whole pleadings.
2. Assertion and determination
A. The gist of the parties’ assertion 1) The Plaintiff’s instant election was carried out by “the method of selecting the president at a general meeting of shareholders” under Article 18(5)1 of the F Act (hereinafter “the method according to the proposal”) and the method of selecting the president by the vote of the members among the methods other than the method selected by the general meeting or the board of representatives pursuant to Article 18(5)3 of the F Act (hereinafter “the method according to the proposal 2”).
According to Article 18(6)1 of the F Act and Article 40-9(3)1 of the Defendant’s Articles of Incorporation, if the president is selected by the method prescribed in subparagraph 1, the majority of the votes obtained shall be decided as the elected person.