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(영문) 서울중앙지방법원 2021.02.03 2019가합534619
대표자지위확인의 소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. 1) The defendant is an organization established for the purpose of promoting and developing the C sales industry and promoting the welfare of its members, and has a central association and a City/Do branch association.

2) The Plaintiff was elected as the president of the Defendant’s Federation by a resolution of the following general assembly, and was left in the position of the president by a judgment.

B. Resolution 1 of the board of directors and resolution of the general assembly of this case) The Defendant opened a board of directors on January 24, 2018 (hereinafter “board of directors of this case”) and elected the president of the Federation at the 30th general meeting of representatives, but means the shares of unpaid shares from 2014 to 2016 under Article 35(4) of the Defendant’s Articles of incorporation.

Although the defendant uses the expression of membership fee for the contribution to be borne by the branch, the concept of distinction between the contribution of the branch and the membership fee of the members at the regular branch is the concept, the defendant is referred to as the "share".

A resolution was made to grant voting rights at the above general meeting (hereinafter referred to as the "resolution of the board of directors of this case") only to the representatives belonging to the branch that pays the unpaid amount in 20% and 2017.

2) On February 26, 2018, the Defendant held the 30th general meeting of delegates (hereinafter “instant general meeting”), 71 of the incumbent 95 representatives was present, and the Plaintiff and D were candidates for the president.

In this regard, unlike the resolution of the board of directors mentioned above prior to the voting of the chairperson, the chairperson of the defendant election management committee requested the representatives belonging to the sub-council who did not perform the obligation to pay the unpaid contributions from 2014 to 2016 on the condition that they pay 20% of the unpaid contributions in 2017 by the due date, and that they pay them in 2018 during 2018. The chairperson attached it to the voting and agreed that F, who is the chairperson, consented thereto.

The voting was processed and carried out.

As a result, the plaintiff obtained 37 votes and D 34 votes, and the plaintiff was elected as the chairperson (hereinafter referred to as the "resolution of the general assembly of this case").

In this case.

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