결의무효확인 등
1. All of the instant lawsuits are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts [The grounds for recognition: Facts without dispute, Gap's evidence 1 through 8, Eul's evidence 1 through 18 (including paper numbers, hereinafter the same shall apply), the results of each inquiry and reply to Gap's incorporated association, D association, and C farming association, the results of the plaintiff's party inquiry, the whole purport of pleadings];
A. The defendant is a corporation established with the purpose of enhancing the agricultural productivity of its members and expanding the markets for agricultural products produced by its members and facilitating their distribution. The plaintiffs are executives of other organizations (hereinafter referred to as the "instant organizations") as set forth below.
A director of Plaintiff I director of Plaintiff C, director of Plaintiff C, director of Plaintiff C, director of Plaintiff C, director of Plaintiff C, director of Plaintiff C, director of Plaintiff C, director of Plaintiff C, who was an incorporated association
B. On January 22, 2019, the Defendant held a temporary board of directors (hereinafter “the instant board of directors”) and made a resolution to recognize the instant organizations as a business entity having a competitive relationship with the Defendant (hereinafter “instant resolution”), and the relevant provisions are as follows:
Article 122 (Restriction, etc. on Qualification) (1) The representatives of the defendant's articles of incorporation shall be those registered in the list of members in the relevant constituency on the date of public announcement of election.
(2) Any of the following persons shall be ineligible for election:
4. A person who has failed to resolve the competition relationship provided for in Article 52 (4) of the Act by the day immediately before the date on which the candidate's election is held. (4) A person who runs or engages in the business in substantial competition with the business of the Qua association may not become an officer, employee, or representative of the Qua association.
(5) The scope of business in substantial competition under paragraph (4) shall be prescribed by Presidential Decree.
(1) Article 52 (5) of the Enforcement Decree of the Agricultural Cooperatives Act (including cases applied mutatis mutandis in Articles 107, 112, 112-11 and 161 of the Act).