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(영문) 청주지방법원 2018.01.25 2017가합200464
이사장선거 무효확인 청구
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged by comprehensively taking account of Gap evidence 1 (including paper numbers), Eul evidence 8, Eul evidence 20-1, and all the arguments and arguments, and there is no counter-proof.

The Defendant Cooperative is a corporation established under the Passenger Transport Service Act for the purpose of promoting common interests of bus transportation business entities and promoting government policy projects in B. The Plaintiff is a member of the Defendant Cooperative, who was engaged in the chartered bus transportation business under the trade name of “C,” and was a candidate for the 9th president election of the Defendant Cooperative, which was implemented on November 10, 2016.

B. In the presence of 42 members of the Defendant Union, the number of inside directors of Nonparty D Co., Ltd. (hereinafter “D”) in the 9th election president of the Defendant Union (hereinafter “instant election”) implemented on November 10, 2016 (hereinafter “instant election”) was elected as the 9th president, as the Plaintiff obtained 21 votes, 14 votes, and 7 votes from the representative members of Nonparty DF, respectively.

C. According to the articles of incorporation (Evidence A) of the Defendant Union, it provides that “A union members in arrears with union dues for at least three months shall not exercise their speech and voting rights at a general meeting; a union member who has failed to pay union dues for at least ten months shall be automatically expelled from the union; and the president shall have appointed at a general meeting among union members, but shall have not lost his/her membership for at least five years in order to become a candidate for the election of the president.”

Meanwhile, according to the “Rules on Sanctions against Members” (No. 3) of the Defendant Union, “a person expelled from a cooperative can be reinstated as a member by a resolution of the board of directors for the person expelled from the cooperative, and a member whose qualification restoration was resolved shall be ultimately reinstated by fully paying the cooperative expenses from the time of expulsion and the time of expulsion until the time when the reinstatement is decided.”

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