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(영문) 부산지방법원동부지원 2016.07.22 2016가합41
임원선임결의무효확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The defendant is a non-profit corporation established under the Community Credit Cooperatives Act for the purpose of running the credit business for the members.

The plaintiff is the defendant's representative.

B. On February 7, 2016, the Defendant publicly announced the election of executive officers around December 2015 in order to elect new executive officers as the term of office of executive officers (president, vice-president, and directors) expires.

C. On December 2015, the Plaintiff submitted to the Defendant an application for registration of executive candidates and an election campaign bulletin to be entered in the election campaign bulletin, and registered as a candidate for a vice-chief executive officer.

On December 18, 2015, the Defendant held a general meeting of delegates and passed a resolution to appoint C who received 56 votes from voters as the vice-chairperson of the Defendant (hereinafter “instant resolution”) from among 111 voters.

(Plaintiff 32 votes, D 23 votes). [Reasons for recognition] The fact that there is no dispute, entry of evidence No. 4 and the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Defendant filed an application with the Plaintiff for registration of candidate for executive officers on or around December 2015, and did not deliver the election campaign bulletin form (which has a provision of items that can indicate academic background and career) to the Plaintiff.

As the Plaintiff did not receive the election campaign bulletin form from the Defendant, the Plaintiff submitted the Plaintiff’s election campaign bulletin without stating his academic background and career to the Defendant.

Since then, the defendant Election Commission produced and sent election campaign bulletins that do not contain the plaintiff's academic background and experience to candidates and voters.

Since the above defendant's mistake infringed upon the plaintiff's eligibility, right to equality, and right to vote, a resolution that is made by the vice-chief C shall be null and void.

Therefore, the plaintiff seeks confirmation of invalidity of the resolution of this case.

B. The defendant's assertion is that the plaintiff of the election campaign bulletin prepared and submitted by the plaintiff in accordance with the officer election agreement was printed as a publication and sent to the representative.

[Plaintiffs] In the election of executive officers in 2012 and 2014, the Plaintiff of the election campaign bulletin (the first one is the legal representative of the election campaign bulletin).

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