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(영문) 대구지방법원포항지원 2015.09.01 2015가합26
당선무효확인의소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The defendant obtained a license for private taxi transport business and is an organization consisting of persons who are members of the defendant and B, with the aim of promoting mutual welfare and friendship among its members, promoting the sound development of the defendant's business, establishing a mutual cooperation system between the defendant and the above union, and maintaining and developing a smooth consultative body. The plaintiff is the defendant's member.

B. The main contents of the defendant's articles of association and election regulations concerning the election of the chief and officers are as follows.

Chapter 3 of the articles of incorporation of the branch office, the head of the chapter and the officer (representatives, operating members, and auditors) under Article 13(1) of the articles of incorporation of the branch office shall be elected directly by members in accordance with the election regulations, and the winner of the branch office shall obtain the approval of the president

The meetings of the branch office of Article 17 (Types and Convocation of Meetings) (1) of the Chapter IV Meeting shall be classified into an ordinary general meeting, an extraordinary general meeting, and an operating committee.

Paragraph 3 (Extraordinary) shall be held four times a year in the first and second half of the operating committee.

(Provided, That if there is a request for a meeting of at least 2/3 of the operating committee members or the head of a branch office requires consultation on duties, an extraordinary steering committee may be convened). In consideration of the special characteristics of occupation under Article 18 (Establishment and Determination of Meetings), the meeting members shall be the number of present persons.

The resolution under paragraph (2) shall be decided by a majority or majority of the number of present persons.

Article 20 (Matters to be Resolved by the Steering Committee) Paragraph (5) of the Election Regulations, Paragraph (9) of the Article 6 (Requirements for Qualifications of Candidates) of the Election Regulations, and the candidates for executive officers, shall meet the following requirements for common qualifications:

(2) A person who fully pays its branch expenses, cooperative expenses, or call membership fees appropriate for the year as of the registration date of a candidate.

Provided, That whether a suitable call is admitted shall be autonomously, but a person elected as an executive shall be a branch office.

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