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(영문) 창원지방법원 2015.04.09 2014가합4187

회장당선무효확인

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) The Defendant is an association representing C areas among the City/Do councils of B Association, and the total number of members is 2,380, and the remainder is all members except 122 representative members. The representative member holds voting rights and eligibility for election of executive officers implemented by the Defendant, but does not hold voting rights and eligibility for election. 2) The election commission to which the Defendant belongs (hereinafter “election commission”) under the Defendant (hereinafter “election commission”) prohibits the provision of money and valuables on September 12, 2013, regardless of an excessive amount for the fair election of the chairman, and exceptionally allows the provision of food within 20,000 won for the fair election of the chairman, and the application period determined that the payment of assistance in light of light investigation and the provision of food within 20,000 won was made from September 12, 2013.

On September 23, 2013, the election commission announced the date, time, place, and period of candidate registration of the defendant's 10th chairman election.

3) D is a representative member belonging to the Defendant, and as a representative member, D is an election for the 10th chairman of the Defendant’s election conducted on October 10, 2013 (hereinafter “instant election”) according to the contents publicly notified by the election commission.

B. D’s act of supporting and providing gift certificates to E was performed by a golf-friendly group in the name of “E”. However, among the total 18 members, approximately 10 members were composed of a representative member with the Defendant’s voting rights and eligibility for election. In short, D’s total number of 18 members consist of a representative member with the Defendant’s voting rights and eligibility for election.

2) On September 5, 2013, E held a golf club for the president of EM in 2013. The event was held not only by E but also by G and H, etc., which was an agent of F that was the Defendant’s president, and F that was an agent of F that was the president’s election. 3) D’s former president on September 4, 2013 for the said golf club.