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(영문) 서울북부지방법원 2016.01.28 2015가합21510
이사장당선무효 등 확인의 소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The defendant is a nonprofit corporation established pursuant to the Community Credit Cooperatives Act, and is a person who runs for the election of the chief director as follows.

B. On January 10, 2015, the Defendant held the 16th election of the chief executive officer (hereinafter “instant election”) at the 44th special general meeting (hereinafter “instant general meeting”). On January 10, 2015, the Plaintiff, D, and C left the instant election as the chief executive officer candidate.

C. The instant election was carried out by the representatives present after the announcement of the above candidate’s opinion. The number of voters with voting rights in the instant election was 116, including representatives. However, at the 105 voters present during the election, D 14 marks, C 46 marks, and the Plaintiff obtained 45 marks. Since there was no one who obtained a majority of the electors present among the candidates, C and the Plaintiff were elected at the same place immediately after the first election ballot counting.

In the second election of this case, 91 voters cast their vote, and the plaintiff obtained 43 votes and C 48 votes, and the defendant decided C as the chairperson of the defendant's election.

(hereinafter referred to as "the decision of the winner of this case").

The details of the election rules (e.g., the election rules of defendant executives relating to the instant case shall be as follows:

Article 28 (Voting and Ballot Counting) (1) An elector shall not cast his vote, unless he is present at a general meeting of shareholders at the beginning of his voting.

Article 30 (Decision on Elected Persons) (1) The chief director and the vice chief director shall be the elected person who has obtained a majority of the electors present.

(2) Where there is no elected person as provided in paragraph (1), the elected person shall be determined by holding a new vote with only the one who has obtained the first and second highest votes.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Eul evidence 1 and 3, and the purport of the whole pleadings

2. The assertion;

A. The plaintiff 1 did not properly inform the general meeting of this case that the second election is held at the general meeting of this case by 14 persons among the electors present at the general meeting of this case.

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