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(영문) 청주지방법원 충주지원 2018.08.30 2018가합5232
이사장선임결의유효 확인의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.

Reasons

Basic Facts

A. The Defendant is a cooperative established pursuant to the Credit Unions Act, and the Plaintiff served as the 12th president of the Defendant, and the 32th president of the 32th general meeting held on February 10, 2018 (hereinafter “instant election”) with marks 2.

B. The Defendant constituted an election commission in charge of the instant election, and the chairman and vice-chairman were commissioned by D, E, F, G, and H respectively.

C. The Defendant held the instant election on February 10, 2018, when the Plaintiff (No. 2) and the Intervenor (No. 3) respectively left as a candidate. The ballot counting was conducted on February 10, 2018. As a result, the number of invalid votes in the total number of 1,200 votes was confirmed as 34 and the number of valid votes was confirmed as 1,166 votes, and the I candidate (No. 1) in the above valid votes was 269 marks 269, 401 marks in the Plaintiff (No. 2), 401 marks in the Intervenor (No. 3) and J candidate (No. 4), and 93 marks in the above valid votes, the Defendant declared that the Plaintiff was elected as the Defendant’s standing director as a majority of votes on the date of election management, and issued the Plaintiff a certificate of election.

On February 12, 2018, the Defendant’s Intervenor filed an objection against the result of the above ballot counting with the election commission, and the election commission inspected the invalid mark, and the election commission chairman convened the Plaintiff and the Intervenor’s Intervenor on February 19, 2018 and consulted with the members of the election commission on the basis of the result of the authoritative interpretation of lawyers through legal advice in making a decision on the invalid list at the election commission.

Accordingly, the election commission sought advice on invalid voting from three attorneys, and the plaintiff and the defendant joining the defendant, around February 19, 2018, made a decision based on the authoritative interpretation through legal advice about invalid voting in the election commission.

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