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(영문) 수원지방법원 2014.11.18 2013가합22778
지회장선거당선인지위확인 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant B Gyeonggi-do Branch (hereinafter “Defendant Branch”), a non-corporate company under Defendant B’s corporate association (hereinafter “Defendant B”) decided to hold an election for the president (hereinafter “instant election”) at the 48 ordinary general meeting held as of April 22, 2013.

Defendant Branch granted the right to vote only to representatives, but rather C, rather than representatives run for the election of the branch chairperson, the election commission of Defendant Branch held a joint meeting with the candidates such as Plaintiff, D, and C on April 13, 2013, and decided to grant the right to vote under the condition that C does not leave the company even with C.

B. On April 22, 2013, Defendant Branch held a general meeting of 1:00 and held the instant election. The chairman of the election management committee of Defendant Branch declared, as a result of the ballot counting, that the Plaintiff was elected as the president of Defendant Branch by 245, among 250 registered representatives, the Plaintiff was present at 123 marks, D 107 marks, and C 16 marks [the total number of votes obtained by candidates (246 marks) as he/she has given voting rights to non-representative C] by obtaining 123 marks, D 107 marks, and C 16 marks.

C. On April 23, 2013, Defendant Branch dismissed Defendant Branch on the grounds that Defendant Branch applied for the approval of the new president to Defendant Branch, and that Defendant Branch was dismissed on the same day on the grounds that Defendant Branch E and members of the Election Management Committee, F, G, and H violated the Articles of association, the Enforcement Rule of the Articles of Incorporation, the Election Management Regulations, and the Election Management Regulations and neglected to perform its duties in relation to the instant election.

On the other hand, D filed a petition on election that contests the validity of the election of the president of the branch to the election commission of the defendant branch on the same day.

On April 24, 2013, the defendant Federation ordered the defendant Branch to be reinstated, and to report the election petition filed by D, because it is impossible to dismiss the chairperson and members of the election management council.

As a result of deliberation on a petition on D election on April 25, 2013 by the Chairperson E and members of the Election Management Committee, G, and H, the elector present.

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