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(영문) 부산지방법원 2017.01.25 2016가합40630
당선무효확인 소송
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. As the term of office of executive officers, including C, who were the chief executive officer of the Defendant, expired on January 30, 2016, the Defendant held a general meeting of representatives for the election of executive officers on December 11, 2015, and the Plaintiff and C were candidates for the chief executive officer.

B. On December 11, 2015, the Plaintiff made a statement that “I will use KRW 50% of the annual salary for several representatives in one year (hereinafter “the instant statement”) and KRW 131 of the registered electors (one president, one representative, and 130 representatives) of the election of the president (hereinafter “instant election”) at the election of the head of the board of directors (hereinafter “instant election”), as a result of the Plaintiff’s voting, the Plaintiff was elected as the chief of the board of directors (C 60 marks and invalid 1) with 70 votes of the Plaintiff (hereinafter “C60 marks and invalid 1”).

C. On December 14, 2015, C filed an objection on the grounds that the Defendant’s instant remarks to the election commission violate the Community Credit Cooperatives Act, the Defendant’s articles of association, and the Defendant’s election regulations, and the Defendant’s election commission rendered a decision on the invalidation of the election against the Plaintiff with the consent of five (5) members, by taking the vote of the election management members pursuant to Article 38(4) of the Executive Election Regulations on December 16, 2015.

On January 11, 2016, the Defendant held a reelection to elect the president (hereinafter referred to as “instant reelection”), and C who participated as a sole candidate was elected as the president.

E. The defendant's articles of incorporation and executive election rules related to the instant case are as shown in the attached Form.

[Ground of recognition] The fact that there is no dispute, Gap's Nos. 1, 2, 5, Eul's Nos. 1 through 4, 6, 8, 10, 11, 33 (including branch numbers, if any) and the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. The decision to invalidate the election of the Defendant Election Commission is null and void due to a material and procedural defect as follows.

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