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(영문) 광주고등법원 (전주) 2021.02.04 2020나11297
당선자지위확인의 소
Text

The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

All costs of litigation shall be borne by the plaintiff.

claim. The purport of the claim.

Reasons

1. The reasoning for this part of the underlying facts is as stated in the corresponding part of the judgment of the court of first instance, except for the dismissal or addition of the following: therefore, this part of the underlying facts is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The second 13-2nd 13-2nd 16-2nd 13-2nd 16-2nd 2nd 2nd 2nd 2nd 3th

“1) around the end of 2018, the Defendant’s president C, the vice president A, the P, and the auditor were Q and G.

C convened a meeting of the board of directors on December 26, 2018 with respect to the Defendant’s next president, three vice presidents, and two auditors’ elections for executive officers to be elected. The Defendant Council appointed R, N, S, T, and U as election management members on December 30, 2018, and constituted an election management committee (hereinafter referred to as “election committee”) and decided on January 17, 2018 as of January 28, 2019 (hereinafter referred to as “instant election”). The first instance court’s decision No. 4 13 to 6 5 of the 13th election to 6th 5th 5 of the 2018, and deleted a list.

The main contents of the defendant's articles of incorporation, detailed rules on implementation of the articles of incorporation, and rules on the management of executives are as shown

[....]

2. Determination as to the defendant's defense prior to the merits

A. The summary of the argument was already conducted by the Defendant to select E as the new president of the Korea Development Bank.

In addition, even if the Plaintiff is recognized as the elected person, the Plaintiff cannot be recognized as the president unless there is a resolution of a separate general meeting. Moreover, the Plaintiff cannot maintain the Plaintiff’s qualification by being subject to a one-year disciplinary measure of qualification suspension from the Defendant on February 15, 2019.

Therefore, there is no benefit to seek confirmation of the status of the president.

B. Lawsuits for confirmation of relevant legal principles are allowed when the Plaintiff’s right or legal status is in danger of uncertainty, and the obtaining of confirmation judgment is the most effective and appropriate means to resolve the dispute.

In general, the past legal relations can not be subject to confirmation, but they are currently or potential between interested parties.

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