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(영문) 창원지방법원 2019.07.11 2018나5151

운영비

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Defendant is an organization established for the purpose of “development and development of transportation business, the common interest of its members, and the protection of business rights by publicly announcing the public interest of the CF and the cooperative system among its members.” The Plaintiff is the Defendant’s member, who was appointed as the Chairperson of the Election Commission, which is an affiliate organization of the Defendant for the election of executives on September 11, 2017.

B. On September 29, 2017, the Plaintiff published the Defendant’s 19th branch office election, etc., and D registered as a candidate.

C. On October 17, 2017, the Plaintiff revoked the registration of D’s candidate on the ground that D, which was registered as a candidate, had resigned from the Defendant’s operating committee member around May 2015, based on the fact that “a person who had resigned while holding office as an executive of the branch, cannot run as a candidate for the head of the branch” under Article 6(2) of the Defendant Election Management Regulations.

D On October 20, 2017, the Defendant filed an application against the Defendant for a provisional disposition prohibiting the progress of election procedures and filed a request against the Defendant to postpone an ordinary meeting until the court rendered a decision on the above provisional disposition. On the same day, the head of the Defendant’s branch E sent to the election commission, on the same day, a letter stating that “the election commission shall suspend all the business of the general meeting for the election of officers until the court rendered a provisional decision on the provisional disposition, and the election commission shall prohibit the election campaign of each candidate registered, and remove and change the notices to remove them,” while also sending a letter containing the content that “the election shall be postponed individually to the members.”

E. Accordingly, the Plaintiff is suspected of interfering with the Plaintiff’s business on October 24, 2017, on the ground that he/she interfered with the election by removing the election posts and transmitting letters containing the contents of delaying the election to its members.