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(영문) 광주지방법원 2020.10.08 2019나59799
손해배상(기)
Text

The part against the Defendants in the judgment of the court of first instance is revoked, and that part is revoked against the Defendants.

Reasons

1. Basic facts

A. The Plaintiff is a regional PP cooperative established under the MM Act and having jurisdiction over the NA-si and O-dong Won in the Republic of Korea.

B. On February 2014, Q organization issued an instruction to each regional PP association including the Plaintiff to the effect that “A continuous dispute arises, such as nullification of an election of the president of an association following the exercise of a non-qualified member’s right to vote since 2010.” On March 11, 2015, Q organization established a plan for the investigation of the actual conditions of its members in 2014 and thoroughly changed the qualification of its members pursuant to the M&-related Acts and subordinate statutes to prevent disputes in relation to the simultaneous elections of the president of an association,” along with an instruction to the effect that “the plan for the investigation of actual conditions of its members and the working manual of the P&R member’s affairs

attachment was made by attaching B.

The procedures for conducting fact-finding surveys prescribed in the instant manual are as follows.

(1) The establishment of an action plan for the investigation into actual conditions, the designation of a person in charge of the investigation into actual conditions of each union member, and the education (2) The person in charge of the investigation into actual conditions of each union member shall conduct on-site verification in accordance with the investigation report for each union member.

C. At the time when the Plaintiff conducted a fact-finding survey as set out in the following subparagraphs, Defendant B was the president of the partnership, Defendant C’s former secretary, Defendant D’s regular director, Defendant E’s general director, and Defendant E’s representative director (hereinafter “Defendant executives”), Defendant F, G, H, I, J, K, and L were respective directors.

(hereinafter referred to as “Defendant officers, including Defendant B”). D.

On March 17, 2014, the Defendant executives established a plan for promoting the fact-finding survey of the members of the association in March 2014, and the employees in charge of the Plaintiff’s practice conducted a fact-finding survey on the qualification of all the members of the association from March 24, 2014 to September 17, 2014.

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