감사지위확인 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
The defendant is a nonprofit corporation established under Article 41 of the Energy Use Rationalization Act, and the plaintiff was holding office as the 15th auditor, and was running as an auditor for the election of executive officers of the 16th National Federation held on February 26, 2019 (hereinafter referred to as the "election of this case").
On January 16, 2019, the Defendant announced the publication of the registration of the instant electoral candidate on January 16, 2019, upon the expiration date of the Defendant’s executive officers, and publicly announced the subject of election as one chairperson and two auditors.
As the 15th auditor of the defendant, the plaintiff and C submitted a resignation letter in accordance with Article 9 (4) of the Rules on the Election of Officers, and candidate for the 16th auditor of the defendant.
On February 26, 2019, the Defendant held a general meeting of shareholders and held the instant election. On the one hand, only the first voting was held for the audit election. As a result, C, in the total number of 342 votes, was elected as 216 marks, 97 marks, 29 marks, 131 marks, 131 marks, 168 marks, 168 marks, 43 marks, and C as auditors, but the Plaintiff failed to obtain a majority vote.
Article 13 (Number, Appointment and Term of Office of Officers) The number, appointment and term of office of officers of the Association shall be as follows:
1. The executive officers of the Association shall have one chairperson, one chief vice-chairperson and nine vice-chairpersons, 40 directors (including the chairperson, the chief vice-chairperson, the vice-chairperson and one standing director), and two auditors;
2. The chairman and the auditor shall be elected by the general meeting from among the members;
6. An executive shall perform his/her duties even after the expiration of his/her term of office until his/her successor is appointed;
Article 22 (Resolution of General Meeting) (1) Unless otherwise provided for in the articles of incorporation, a general meeting shall be established with the attendance of a majority of registered delegates, and shall make a decision with the consent of
(2) Notwithstanding the provisions of paragraph (1), the chairperson and the auditor shall be elected by a secret vote with the consent of a majority of all voters or more, and a majority of votes shall be elected by the first ballot.