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(영문) 대구지방법원김천지원 2019.05.24 2019가합15277
회사에 관한 소송
Text

1. It is confirmed that the disposition taken by the Defendant on February 20, 2019 against the re-election decision listed in attached Form 1 is invalid.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The defendant is a non-profit corporation established pursuant to the provisions of the relevant statutes, such as the Community Credit Cooperatives Act, and the total number of its members is about 8,700, and the total number of its representatives is 121, including the chief director, who is an ex officio representative. 2) The plaintiff is a person who was elected as a candidate for the chief executive officer elected by the defendant's D major executive officer elected on the C date as follows.

B. The Defendant’s election of executive officers and voting result 1) AD executive officers elected by the Defendant’s chief director, vice chief director, director, etc. on the C date (hereinafter “instant election”).

In the above election, the plaintiff (No. 1), E (No. 2), and F (No. 3) were candidates for the president. 2) In the voting result of the chairman, in the first voting, the plaintiff obtained 56 votes, E 9 votes, and F 55 votes (total number of votes, 121 votes, effective 120 votes), and the plaintiff and F, who were the majority votes of the first and second grade votes, did not have a majority vote, have again conducted the second voting as candidates for the chairman.

In the second ballot, the plaintiff was elected as the president by obtaining 61 votes and F 59 votes respectively (120 votes in total, 120 votes in valid votes), and the plaintiff who is the highest winner was elected as the president.

C. Circumstances leading to the resolution on the invalidation of election and the holding of a reelection 1) F, E, etc. (hereinafter “F, etc.”) elected in the instant election

Around January 28, 2019, the Defendant filed an objection against the Defendant’s request to the election commission for the invalidation of election of the president and vice president or re-election. The main grounds for objection are that “part of the representatives with the qualifications of representatives, such as holding a position of a representative of another credit cooperative or violating prohibition of concurrent operation, or not qualified members, participated in the instant election.” The Defendant held a meeting of the election commission around that time to examine the case of the said objection, and then held the relevant agenda (the agenda for the invalidation of election of the president, vice president and re-election) with F, etc.

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