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(영문) 인천지방법원 2015.12.10 2015가합2504
선거무효확인등
Text

1. The plaintiff's action against the defendant C, D, E, F, G, H, and I shall be dismissed respectively.

2. The Plaintiff’s credit union against Defendant B.C.

Reasons

1. Basic facts

A. Defendant B Credit Union (hereinafter “Defendant Union”) is an organization established with the aim of providing its members with convenience in finance and life, thereby contributing to the improvement of the welfare of its members and the balanced development of the local economy. Defendant C is a standing president in an election of executive officers of the Defendant Union (hereinafter “instant election of executive officers”) implemented on February 28, 2015 (hereinafter “instant election”); Defendant D is a standing president; Defendant E, F, and G is a director; Defendant H and I is a person elected to each auditor; and the Plaintiff is a person who was registered as a standing president of the instant election of executive officers and was selected by the Plaintiff.

B. On February 12, 2015, the Defendant Union publicly announced that the instant election of executive officers is scheduled from 10:0 a.m. to 5 p.m. on February 28, 2015 through the five-day candidate registration period from February 12, 2015 to February 16, 2015 pursuant to the relevant statutes and the articles of incorporation, executives, and election regulations of the Defendant Union (hereinafter “instant regulations”).

C. Defendant C did not enter “major academic background” column in the course of filing an application for registration of a candidate for the standing president of the instant election in accordance with the foregoing public notice, among the documents required under the instant bylaws, and stated “major academic background” column as being currently operating “K” registered under the name of the wife J.

On February 28, 2015, the Defendant Union held the instant election of executive officers from 10:0 a.m. to 5:00 p.m., in Seo-gu Incheon, Seo-gu, Incheon, and 3,727 of the Defendant Union members participated in voting.

E. Meanwhile, in the election counting process of the executive officers of the instant case, the election management members of the Defendant Cooperative agreed to the effect that the voting on the mark or the name of the candidate is invalid en bloc, in addition to the ballot paper column.

F. As a result of the instant election of executive officers, 3,592 votes valid, excluding 123 votes out of total 3,715 votes in a full-time president election.

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