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(영문) 서울남부지방법원 2019.06.13 2018가합112254
회사에 관한 소송
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Article 5(2) of the Articles of Incorporation of the Defendant, an incorporated association, provides that “The Association shall have branches in each Gu and Metropolitan City, Sejong Special Self-Governing City, and Do, and Jeju Special Self-Governing Province, and branches shall be established under its jurisdiction.”

Paragraph (6) of the same Article provides that "A dispute zone and accident zone may be held in C in accordance with the resolution of the Organization Management Committee by obtaining consent from the head of the relevant sub-chapter and the head of the relevant sub-chapter."

B. The Defendant’s branch held a general meeting of representatives on March 10, 2017 and held the next president’s election at the Gyeongnam-si branch, who was affiliated with the Defendant’s branch of the Gyeongnam-si branch of the Gyeongnam-si.

At the time, the president D (the head of the Changwon Branch) and the plaintiff A (the head of Yangsan Branch) were run, and D 9 votes and the plaintiff A obtained 10 votes respectively.

Accordingly, the plaintiff A was elected as the president of the next Gyeongnam District.

C. On March 13, 2017, D asserted that the above election was an illegal election that had been held in advance collusion, and filed an objection against the election result with the chairperson of the Gyeongnam District Election Management Committee.

On April 17, 2017, the chairman of the election management committee requested the defendant to determine whether the result of the election is appropriate. D.

On November 21, 2017, the Defendant sent a reply to the effect that “the election of the president of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the building in South Korea is deemed not to have any supporting material for an illegal election,” to the chairman of the election management committee of the branch of the building in South Korea. On March 22, 2018, the Defendant sent the Plaintiff A as the president

E. On April 2, 2018, the Plaintiff A, the Head of the Changwon District Branch, and the Defendant E, the Head of the Defendant, agreed that the branch of the Changwon was independent of the independent branch of the Gyeongnam District Council.

Accordingly, on April 23, 2018, the Changwon Branch requested the Defendant to designate the Changwon Branch as a branch to be affiliated with the Defendant, and the Defendant approved the designation on May 9, 2018 (hereinafter “instant approval”).

f. As a result of the approval referred to in paragraph 1, the smuggling branches that were affiliated with the Gyeongnam District Association are also in C.

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