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(영문) 서울남부지방법원 2020.11.19 2019가합117270

회원투표 접수 및 공고절차 이행 등

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All of the claims in this case shall be dismissed.

The plaintiff's conjunctive claim against the defendants.

Reasons

1. Basic facts

A. The Defendant Association is an incorporated association established for the purpose of protecting the rights and interests of E. The Plaintiff is a member of the Defendant Association; Defendant C is a chairperson; and Defendant D is a chief vice-chairperson.

B. The plaintiff's demand for the membership voting of the plaintiff and the non-acceptance 1 of the defendant association) the plaintiff et al. and five other items are each items listed in the attached list to the defendant association from the members of the defendant association (hereinafter "the agenda of this case").

(1) The Plaintiff, in Chapter 4,725 or Chapter 4,724, claiming the membership voting in respect of the member voting, asserts that the first written request is a total of 4,725 pages, and the Defendant asserts that it is a total of 4,724 and the number of copies is not clear (hereinafter “the first written request”).

2) On July 24, 2019, the Defendant Association (hereinafter “Defendant Association”) received a copy of the said request and submitted it on July 31, 2019. The Defendant Association issued a receipt with the confirmation of the validity of the first request and the confirmation of the final receipt. 2) On the method of verifying the validity of the first request, the opening time is delayed due to the conflict between the Plaintiff and the Defendants. However, the Defendant Association opened the first request on October 24, 2019.

The defendant association received opinions by wire for the members whose names are entered in the above request form through the public opinion poll company at around that time due to the reasons that the above request form is a copy of the whole copy.

On November 22, 2019, the Defendant Association publicly announced on the internal bulletin board that “the last effective demand for membership voting was 2,459 persons, and the confirmation failure was 1,572 persons, who failed to meet the requirements for membership voting pursuant to Article 9-2(2) of the Articles of Incorporation.”

3 Not only the first written request previously held but also the members sent e-mail, facsimile, Kakakao Stockholm messages, and text messages are mixed.

In addition, the plaintiff in the chapter 5,120 or 5,183 total of the 325 requests for membership voting from members shall be 5.0