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1. Revocation of a judgment of the first instance;
2. C at the representative general meeting for the election of the president held by the Defendant on August 30, 2016.
Reasons
1. Basic facts
A. The Defendant is one of the “federation of Small and Medium Enterprise” established on June 3, 2003 pursuant to the Small and Medium Enterprise Cooperatives Act.
B. D, which was the chairman of the Defendant’s representative, was again elected as the president of the Defendant at the Defendant’s ordinary meeting held on February 26, 2016. On July 21, 2016, he resigned from the president.
C. Since August 30, 2016, 61 representatives, among 65 representatives, were present at the General Assembly of Representatives for the election of the president of the defendant implemented on August 30, 2016.
As a result, the plaintiff, which was marked No. 1 in the total valid votes of 61, was deemed to have obtained 32 marks 25 marks G, which are marked No. 25 marks, No. 4 and No. 2 marks C, and the defendant decided to select him as the elected person on the ground that C obtained a majority of the valid votes (hereinafter referred to as "the resolution to select the Chairperson of this case"), on the ground that C has obtained the majority of the valid votes.
The contents of the relevant statutes and the defendant's internal regulations are as follows:
1) The former Small and Medium Enterprise Cooperatives Act (amended by Act No. 15467, Mar. 13, 2018; hereinafter “Act”) (hereinafter “Act”).
(3) An extraordinary general meeting may be convened when deemed necessary, as stipulated by the articles of incorporation. (4) The following matters shall undergo a resolution by the general meeting: