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(영문) 창원지방법원마산지원 2014.09.19 2013가합2986
총회결의무효 등
Text

1. The plaintiff (appointed)'s claims are all dismissed.

2. The costs of the lawsuit shall be borne by the Plaintiff (Appointed Party).

Reasons

1. Facts of recognition;

A. Defendant C branch (hereinafter “Defendant C branch”) is an organization composed of members who hold a license for the Chang-si C Transport Business as a branch in the territory of Gyeongnam-do Private Taxi Transport Business Association (hereinafter “Association”).

The plaintiffs (appointed parties, hereinafter referred to as "Plaintiffs") and the designated parties are members of the defendant's branch office.

B. On October 3, 2013, the 19th executive election was held at the ordinary meeting of the Defendant Branch, and as a result, D was elected as the head of D branch with 816 marks, E539 marks, creditors A270 marks, and F14 marks.

C. Articles of association, branch regulations, and election management regulations relating to the instant election are as follows.

[Articles of Association] Article 42 (General Meeting) (1) A branch general meeting shall be held during the October of each year, and the head of a branch office shall convene an extraordinary general meeting when a resolution of the operating committee is made or at the request of two-thirds of the members of the board of directors.

[Articles 14 (Classification of Meetings)

1. A general meeting;

(a) An ordinary general meeting shall be held in October of the last year of the term of office of executives;

(c)the head of a chapter, a representative of an association, an operating member, and an auditor shall be elected;

[Regulations on Election Management of Branch Offices] Article 20 (Election Campaign)

1. An election campaign may be carried out from six days before the election day to the day before the election day;

2. The cancellation of registration and the invalidation of election shall be made when there may be a time-limit for six days only, and if there is any reason to believe that such time-period of movement is not later than six days or that there is any reason to believe that such time-limit is not more than

3. No mobile phone text message may be sent;

(Provided, That in the event of a violation of the preceding paragraph, the cancellation of registration and the invalidation of election shall be made.

Article 21 (Prohibition of Election Campaign) Any of the following acts shall be prohibited:

1. Donation of money and goods, offering of entertainment, and contribution act (at least 000 won per individual, at least 100 won per organization);

2. Acts of distributing printed matters, posting posters, posting placards, broadcasting campaign speeches and tampers, spreading of wills, and obtaining signatures or seals;

5. External personnel and election campaignmen;

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