1. The decision that the Defendant made C in the Defendant’s election of the chairman on February 2, 2016, the elected person is null and void.

1. Basic facts

A. The Defendant is a non-profit corporation established pursuant to the Community Credit Cooperatives Act. On February 2, 2016, the election at which the president was elected (hereinafter “instant election”) was held on February 14, 2016, and the Plaintiff, C, and D candidate for the instant election.

B. As a result of the first voting in this case conducted by 121 delegates during the participation in the voting, the Plaintiff acquired 52 votes, C 42 votes, and D 27 votes.

C. According to Article 30(1) and (2) of the Regulations on the Election of Officers of community credit cooperatives formulated by the community credit cooperatives themselves, a majority of the electors present at an election of the chief director shall be the elected person, and where there is no majority of the persons receiving the first and second votes, the elected person shall be determined by again holding a vote with only the first and second votes

In the case of the instant election, there was no person who has obtained a majority of the result of the first voting, so the second voting was held by making the Plaintiff and C as a candidate according to the above executive election rules.

However, after the first voting, before the second voting, D sent text messages stating that “I will not be forgotten for the benefit of the president only once 30 to 30 or 40 representatives, I will not be forgotten. I will audit.”

E. As a result of the second voting in the instant election, the Plaintiff acquired 57 votes and 63 votes respectively, and the Defendant decided C as the elected person of the 14th president.

(F) (hereinafter “instant decision”). The Plaintiff filed an application against C for a provisional disposition of suspension of performance of duties and a provisional disposition of appointment of an agent with this Court 2016Kahap66, and this Court, upon the Plaintiff’s application, decided on May 2, 2016 at the Plaintiff’s request to suspend the performance of duties and decided to appoint the vice-chief E as the Defendant’s acting director.

G. Meanwhile, Article 23-2 of the Election Regulations for Officers of community credit cooperatives shall be applied to text messages.