(영문) 부산고등법원 2014.10.29 2014나550 | 리걸엔진

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(영문) 부산고등법원 2014.10.29 2014나550

이사장 선거무효확인

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The status of the parties is as follows: (a) the Defendant is a corporation comprised of trucking business operators who registered a chartered bus transportation business or installed a chartered bus transportation business establishment in D; (b) the pursuit of common interests of trucking business operators and mutual aid business under the Passenger Transport Service Act; and (c) the Plaintiff G Co., Ltd. and Plaintiff C are the representatives

B. On December 24, 2012, the Defendant notified the 46th general meeting of December 2013 that the 46th general meeting was held on January 16, 2013, and knew that the agenda was “the appointment of executive officers of the cooperative.” The Defendant’s election commission notified the Defendant’s 11st general meeting of January 2, 2013 that the closing date of receipt of candidates for the 11st general meeting of president was January 4, 2003. Accordingly, from February 2, 2007 to June 2007, as the representative of the I Co., Ltd. and the K K’s representative, who was the president from June 2, 2001 to January 207, 2007, from which E was a director from February 2007 to January 16, 2013, the Defendant opened the 203rd general meeting of the instant case’s 20th general meeting of president (hereinafter “the 25th general meeting”).

Article 11 (Appointment of Officers) (1) The chief director, the vice chief director, the auditor, and the director (excluding the managing director) shall be appointed at the general meeting of the members.

Provided, That in order to ensure the fairness of the appointment of the chief director, the separate election management regulations shall be established by the board of directors, and the general meeting shall be

The candidates for an election campaign and those supporting them as provided in Article 9 of the Election Management Regulations shall observe the following matters in order to prevent any overheat of the election campaign and to induce them to be a bona fide competition:

1. Receipt of money and valuables, or promise thereof, for the success or defeat in the election; or

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