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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2015.07.10 2014나2030443
선거무효 등 확인의 소
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court of first instance for the acceptance of the judgment is as stated in the reasoning of the judgment of the court of first instance, except where the plaintiffs added the following judgments as to the matters for which the plaintiffs asserted again in the court of first instance, and thus, they are cited by the main text of Article 420 of the Civil Procedure Act

2. Additional determination

A. The summary of the plaintiffs' assertion 1) In relation to the election of representatives of the AI association participating in the resolution of the appointment of the chairman of the instant case, there are grounds for violating the Articles of association, etc. of the following defendant association. Considering that the election of the chairman of the defendant association is not a direct voting method by members, but an indirect voting method by representatives elected by each local association, the resolution of the appointment of the chairman of the instant case shall be deemed null and void unless there are grounds for the above violation in relation to the election of representatives. (A) If the auditor is a member of the representative selection committee, the auditor of the elected representative recommended and voting by himself/herself shall be subject to self-audit, and the purpose of the rules of the appointment of representatives of the defendant association, which provides for the "inspection of the representatives of the elected representatives of the company," so the auditor shall not be a member of the representative selection committee.

However, in organizing a representative selection committee to elect the representatives of the AI Association to participate in the resolution of appointment of the chairperson of the AI Association as the chairperson of the AI Association, T was commissioned as the auditor AJ and AK.

B. Article 8(2) of the Rules on the Appointment of Representatives of the Defendant Association provides that “The final decision shall be made with the consent of the board of directors after the determination of representatives, the inspection of auditors, and the consent of the board of directors” Article 7 provides that “the election of representatives shall be made within the end of each fiscal year.” Thus, the appointment of representatives of the AI Association shall be finally determined with the consent of the board of directors

However, this is the case.

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