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(영문) 대구지법 1988. 11. 14. 선고 88카9535 제1민사부판결 : 항소
[직무집행정지가처분][하집1988(3.4),298]
Main Issues

A case where a resolution of appointment of chief director made in the course of an election of chief director general meeting of partnership representatives is null and void against social order.

Summary of Judgment

Even if the representative general meeting of the association Gap obtained a majority vote and won the election as the chief director, if Gap spreads the money to the chief director in the election process, and Gap implements the promise to deliver money on the premise of the election, it is invalid that the resolution to appoint the chief director of the general meeting of representatives is contrary to good morals and other social order.

[Reference Provisions]

Article 103 of the Civil Act, Article 714(2) of the Civil Procedure Act

New Secretary-General

E.I.D.

Respondent

Respondent 1 and one other

Text

1. Subject to the condition that the applicant deposits 5,00,000 won in money as security:

A. The respondent 1 shall not perform his duties as the chief director of the private taxi transport business association of the Respondent Daegu Metropolitan City/Metropolitan City until the judgment on the merits becomes final and conclusive.

B. During the period of suspension of the above execution of duties, the 16-22 attorney-at-law in Daegu-gu is appointed as the chief director of the private taxi transport business association in Daegu-gu, Daegu-gu.

(c) The private taxi transportation business association of the Respondent Daegu Metropolitan City and the Respondent shall not have one chief director perform its duties.

2. Litigation costs shall be borne by the respondent 1;

Purport of application

at the expense of the respondent.

Except for the case where an acting representative seeks the appointment of a senior executive officer in Daegu-gu (detailed address omitted), it shall be as specified in paragraph (1) A and B of this Article.

Reasons

According to the above statements No. 1 (No. 4), No. 2 (Articles of Incorporation), No. 3 (L. 5), No. 10 (No. 10), No. 10-3 (No. 32, 35 (No. 10), No. 4-2, 4 (No. 3), No. 4 (No. 2, No. 2, No. 4 (No. 4), No. 9 (No. 4), No. 2, No. 4 (No. 4), No. 2, No. 10-2, No. 9 (No. 4), No. 10-2, No. 4, No. 10-7, No. 7, No.

Therefore, the applicant's application of this case is justifiable in proving the right to preserve and the necessity of preservation. Thus, the applicant shall accept the application on the condition that the applicant deposits 5,00,000 won in money as security, and the respondent 1 shall order the respondent 1 to suspend the performance of duties as the president of the respondent union until the judgment on the merits becomes final and conclusive. During the performance of duties, the attorney-at-law is appointed as the representative director of the respondent association during the period of the above performance of duties, and the costs of lawsuit shall be borne by the respondent 1 who has lost.

Judges Song Jin-hun (Presiding Judge)

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