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(영문) 서울북부지방법원 2019.03.19 2018나35132
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The plaintiff is an incorporated association established for the purpose of health care, improvement of welfare and protection of rights and interests of Korean victims and their descendants who suffered damage due to the crush projected in the Romema and Nagaski in Japan, and five branches (Seoul, Busan, Daegu, Daegu, Gyeong-do, Gyeongnam, and Gohap) under its jurisdiction.

B. The defendant is a member of the plaintiff's Seoul District Office (hereinafter "the Seoul District Office of this case").

C. On January 21, 2017, as the term of office of the head of the Seoul Branch of the instant Seoul Branch expired, an election was held to elect the head of the next branch (hereinafter “instant election”). The instant election was held only by the Defendant and two persons (hereinafter “instant election”).

At the time of the instant election, 113 voters were voting, and the election management members of the Seoul branch of the Seoul branch of the instant Seoul branch recognized only 110 votes out of total 113 votes as valid votes during the ballot counting, and the remaining 3 votes were treated as invalid votes, and the defendant, the extended person, on the ground that the defendant and D obtained each 5 votes, were elected for the same number of votes, was announced as elected persons.

E. On February 1, 2017, the Defendant was assigned to the head of the Seoul Branch Office of this case and started to perform the duties of the head of the branch office.

F. On February 3, 2017, D filed an application against the Defendant for a provisional disposition suspending the performance of duties under this Court 2017Kahap20028 (hereinafter “provisional disposition suspending the performance of duties of this case”).

In the above provisional disposition case, this court interpreted that the two marks among the three marks handled as invalid marks on March 29, 2017 in the column D, and the first marks are put in the Defendant’s column, and although the mark “” was not completely put in the Defendant’s column, half to 1/3 marks are not put in the Plaintiff’s articles of incorporation or relevant provisions of the Public Official Election Act. In light of the Plaintiff’s articles of incorporation or the relevant provisions of the Public Official Election Act, only the indication “shall be made completely,” and if only a part is indicated, all of them shall not be deemed null and void.

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