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(영문) 서울고등법원 2016.10.06 2015나2056084
당선무효확인
Text

1. The plaintiff (appointed party)'s appeal is dismissed.

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

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for a change as set forth in paragraph (2) below. Thus, it is acceptable as it is in accordance

2. The modified part 2 pages 6 of the changed part is changed to “Plaintiff” (hereinafter referred to as “Plaintiff”).

2 pages 14 of the attached Table 14 shall be amended to “B” under the attached Table 14 below.

The 7th 4th 5th 7th 4th 5th 7th 5th 7th 7th 5th "The money was given to the election management members and the defendant's directors, promising to hold office as directors" is changed to "the money was given to the election management members and the former office members W, promising to hold office as directors."

10-16 Of course, 10-16(the grounds of the judgment of the first instance) are modified as follows:

C. It is insufficient to recognize the fact that candidates offered money and entertainment to the Defendant’s election management members, etc. during the instant election period (No. 17 evidence is a document that the Plaintiff, etc. promised to be a director to the Plaintiff’s member in the process of disputing the validity of the election after the candidate was elected) solely on the basis of the written evidence No. 6 and No. 17 of the part on the election management members, etc. of the election No. 2, and there is no other evidence to acknowledge it. (No. 17 evidence is a document that the Plaintiff, etc. promised to be a director to the Plaintiff’s member in the process of disputing the validity of the election).

Therefore, this part of the plaintiff's assertion is without merit.

2 According to the statements written in the evidence Nos. 41 and 53 of W in part A and the testimony by W of the Party Prosecutor W, it can be acknowledged that C, the president of the Defendant Association, through X around January 4, 2014, paid KRW 5 million to W, who was the former secretary of the Defendant Association, in relation to the instant election, through X, and promised to recommend directors after being elected as president.

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