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(영문) 의정부지방법원 고양지원 2018.08.10 2017가합73559 (1)
회장명칭사용금지
Text

1. The plaintiff A's lawsuit shall be dismissed.

2. The plaintiff B's respective claims against the defendants are all dismissed.

3...

Reasons

1. Basic facts

A. The plaintiff clan is a clan that is composed of the FC 23 members G of the FC for the purpose of rendering their services to the public.

Plaintiff

B The chairperson, who is the representative of the plaintiff clan, has completed the term of non-permanentity for four years, and thereafter, the plaintiff clan went to the president at the ordinary meeting of December 14, 2014 and was not elected as the president.

B. On December 14, 2014, Plaintiff B and Defendant C indicated Plaintiff clan’s intention as the candidate for the president of Plaintiff clan at the ordinary meeting of Plaintiff clans.

However, when the opinions of some members of the clan that the plaintiff B cannot be a candidate again pursuant to the provisions of the "four-year Standing System" stipulated by the rules of the plaintiff clan, the Speaker pro tempore declared that the plaintiff B would not be a candidate since 2/3 or more of the members agreed to be not eligible to be a candidate for the chairperson, the Speaker pro tempore declared that the plaintiff B would not be eligible to be a candidate because he had expressed his opinion by drinking water to the members who agreed that the plaintiff B would not be a candidate.

Accordingly, Plaintiff B left the meeting place of the above general meeting with his subordinate members (hereinafter “Plaintiff B’s subordinate members”), and 28 members who were in the meeting place at the time of the resolution to select Defendant C as president of the board of directors (hereinafter “the resolution of this case”). Defendant C appointed Defendant D as general secretary and Defendant E as auditor at that place.

C. After the resolution of this case, Defendant C and D sent mobile phone text messages to the members of the clan using the name of the chairperson and the general secretary of the Plaintiff clan, and Defendant E requested confirmation of tax payment to the National Tax Service under the name of the auditor of the Plaintiff clan. Defendant C sent a letter of cooperation for the branch of loans to the National Bank under the name of the chairperson of the Plaintiff clan, while the registration of changing the address of the Plaintiff’s clan’s representative to “Amsan City I” for the real estate owned by the Plaintiff clan was completed, and KRW 200,000,000 from the Young Agricultural Cooperative.

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