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(영문) 창원지방법원통영지원 2016.11.10 2016가합10557
당선무효 확인
Text

1. The decision that the Defendant rendered C(D) as the elected person at the Defendant’s election of the chairperson on January 19, 2016.

Reasons

. Article 7(1)3 provides that “The candidate shall be the person who has paid the membership fee at the merchants’ association for not less than two years” under the title “the duties of the first executive.”

(hereinafter “former Rules on Election of Executive Officers”). On December 16, 2015, the Defendant’s board of directors held on December 16, 2015 (hereinafter “former Rules on Election of Executive Officers”) attended by 8 directors, including the Chairperson, from among 16 directors at the Defendant’s board of directors, and agreed to the effect that 4 directors were present during the amendment to “a person who fully paid a membership fee for at least one year,” which was not originally presented on the agenda of the meeting, and 3 members opposed, and G, the Chairperson,

(hereinafter “the Board of Directors of this case”)

H, in the resolution of the board of directors on the public announcement of the election of the Chairperson, was publicly announced on January 19, 2016 that the election of the Chairperson of the Election Management was held on the election of the Chairperson, and the following matters were publicly announced as “matters to be known by the voters and candidates”.

2. A regular member corresponding to paragraphs 1, 2, and 10 (1) and (2) of Article 9 of the B of an incorporated association* A regular member registered as a B of the articles of incorporation, which corresponds to subparagraph 2 of Article 12 of the B of the articles of incorporation, for not less than 24 months.

D. On January 19, 2016, in the election of the Defendant Chairperson (hereinafter “instant election”), the Plaintiff 1 and C had a symbol 2.

As a result of the instant election ballot counting, the number of votes obtained No. 128, 134, 134, 1, 1, 1, 1, and 1, and Ha of the Election Management Committee Chairperson declared C as the elected person of the Chairperson.

(hereinafter “instant election decision”). Meanwhile, at the time of the instant election day C was about one year and four months since it became a member of the Defendant.

E. Article 12 (Duties of Members) of the relevant Regulation in the Articles of Incorporation of the Defendant is obligated to:

1. Observance of the articles of association and regulations;

2. The principal business of the merchants' association under Article 24 (Board of Directors) (1).

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