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(영문) 대구지방법원포항지원 2020.06.11 2020가합10256
회사에 관한 소송
Text

1. The defendant's decision of invalidation on February 20, 2020 against the defendant's election chief executive officer implemented on February 14, 2020 is null and void.

Reasons

Basic Facts

The defendant is a non-profit corporation established pursuant to relevant Acts and subordinate statutes, such as the Community Credit Cooperatives Act.

The plaintiff is a person who was elected in the election of executive officers of the defendant (hereinafter referred to as "instant election") implemented on February 14, 2020 as a candidate for the chief director.

The defendant assistant intervenor was a person who participated in the above election as the chief director candidate, but was disqualified.

As a result of the Defendant’s election of executive officers and voting, the Defendant announced that the instant election was held on January 30, 2020, and held the instant election on February 14, 2020, and the Plaintiff and the Defendant’s Intervenor were selected as the candidate for the chief director.

At the time, 116 of the defendant's 120 representatives were voting, and the plaintiff obtained 59 votes and 57 votes from the defendant's assistant intervenor.

On February 17, 2020, the Defendant’s Intervenor’s objection against the election and the Defendant’s decision on the invalidation of the election were raised against the Defendant.

The reason is that “D representatives of the Association are unable to hold concurrent offices, and three representatives (F, G, H, hereinafter “F, etc.”) overlapping the E Association and the Defendant were confirmed to have cast their votes,” and that the election of this case is null and void, since those who are not representatives have cast their votes.

On February 20, 2020, the Defendant decided that the instant election was null and void on the ground that there was a defect in participating in the instant election, even though F et al. lost representative positions in violation of the Representative Election Regulations, by opening an executive election commission at a meeting.

(hereinafter “instant decision”). F, etc., as the representatives of F, became the Defendant’s representative on January 19, 2016, G, January 18, 2016, and H on February 6, 2015, and F, etc. became the Defendant’s representative on December 13, 2017.

After that, F, etc. became a representative of E Union on November 6, 2018.

F, etc. was registered in the Defendant’s executive registry at the time when the Defendant announced an election of executive officers on January 30, 2020, and they were the instant election on February 14, 2020 after withdrawal from E Union on February 12, 2020.

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