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(영문) 서울중앙지방법원 2015.02.05 2014가합531738
회사에 관한 소송
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 27, 2014, the Plaintiff is a member of the Defendant, a credit union, who was a candidate for the chief director, along with C in the 10th election for the chief director (hereinafter “instant election”).

B. On February 11, 2014, the Defendant publicly announced the election as of February 27, 2014, and the period of candidate registration as of February 15, 2014. The election campaign period for the instant election was from February 16, 2014, which was the day following the deadline for candidate registration, until February 26, 2014, which was the day preceding the election day.

C. As a result of the Defendant’s instant election on February 27, 2014, the Plaintiff obtained 1,114 votes and c, 3,723 votes, and C was elected to the Defendant’s president due to the difference in 2,609 votes.

The Credit Unions Act related to the instant election, the defendant's standard articles of incorporation (hereinafter "the instant articles of incorporation"), and the articles of incorporation, Annex executives' election rules (hereinafter "the instant election rules") are as specified in the attached Table.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1 (including branch numbers, if any; hereinafter the same shall apply), Eul evidence 9 and 10, and the purport of the whole pleadings

2. The plaintiff's assertion that the election of this case violated the Credit Unions Act and the election regulations of this case is invalid since the defendant decided C in the election of this case as the elected person, as follows.

1. Article 27-2 subparag. 1 of the Credit Unions Act and Article 25(1) of the instant Election Regulations prohibit an act of offering money, etc. to an elector for the purpose of being elected as an executive of a credit union. Article 28(1) of the instant Election Regulations prescribes that an election campaign may be conducted only during the election campaign period.

However, on November 17, 2013, prior to the election period of the instant election, the elected C attended the mountain campaign organized by the Defendant’s mountain conference and requested some of 36 members of the mountain conference, who are the electors, to support the instant election, and the members of the mountain conference.

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