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(영문) 대구지방법원포항지원 2015.09.15 2015가합40178
감사당선무효결정 무효확인청구의 소
Text

1. On February 6, 2015, the Defendant’s election commission’s resolution invalidation of an audit against the Plaintiff is null and void.

Reasons

1. Facts of recognition;

A. The parties concerned are corporations with the purpose of running businesses, such as credit business, cultural welfare business, and educational business for members, in order to foster a sound national spirit and contribute to national economic development through the creation and utilization of funds, the improvement of the economic, social, and cultural status of members, and the development of local communities, based on the unique spirit of mutual assistance of the Republic of Korea based on a member’s voluntary cooperative organization. The plaintiff is a member of the defendant, who is elected as an auditor in an election of executive officers held by the defendant on January 30, 2015 (hereinafter “instant election”).

B. On January 12, 2015, the Defendant’s election campaign and the Plaintiff’s chairman of the Plaintiff’s election campaign were announced on the election of executive officers on the following: (a) on January 12, 2015, the Defendant’s election campaign was held; (b) on January 30, 2015, the Defendant’s election campaign was announced on the election of executive officers that “at least two auditors shall be elected due to the expiration of the term of office; (c) the president and representatives of the electors; and (d) the elected persons shall be those who are not in conflict with the provisions of Article 39(1) of the articles of incorporation among the members; and (e) on January 30, 2015, the instant election was held on the election as the candidate for the auditor; and (e) on the result of the election, the Defendant’s election management was announced as the elected person of the Defendant’s 1

C. On January 2015, when the instant election was in progress, the Plaintiff offered 2,00,000 square meters, respectively, to F, G, and H, a representative, and the elector of the instant election, who are the electors of the instant election, revealing that the Plaintiff was going out of the audit election, and provided 3,000 won in total at the end of 3,00 won.

On February 6, 2015, the election commission of the defendant of the resolution for invalidation of election is that "the plaintiff violated Article 22 (2) 1 of the executive election rules by providing money and valuables to members for the purpose of election, and thus the plaintiff's election is null and void."

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