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(영문) 전주지방법원 2020.04.09 2019가합2086
이사장 선출 찬반 투표 무효 확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. 1) The Defendant is a corporation established by the Framework Act on Cooperatives on February 25, 2014, which was established on March 28, 2019, with the aim of contributing to the promotion of the welfare of its members and the balanced development of the local economy by consisting of producers, etc. who are registered as residents in the Republic of Korea with the aim of contributing to the promotion of the welfare of its members as well as the mutual aid and development of the local economy through the autonomous and self-reliance association activities of its members, and is 1,167 members. 2) The Plaintiff is the Defendant’s

B. The Defendant’s election of the chief director 1) The Defendant decided to elect a new chief director upon the resignation of the former chief director D before the expiration of the term of office, and the election commission on February 12, 2019 (hereinafter “election commission”).

A) Around that time, the presidential election was organized, and the election was held at the ordinary general meeting of the Defendant on March 28, 2019 (hereinafter referred to as the “instant election”).

(2) At the time of the decision to conduct the instant election, both the Plaintiff and C, who were the Defendant’s members, were to run the instant election. On March 12, 2019, both the Plaintiff and C submitted a written oath stating that “The majority of the voters at ordinary sessions and the majority of the acceptance of voting shall be elected. In the event that an ordinary general meeting is no longer available or it fails to obtain a majority vote, the decision shall be followed.”

3) However, on March 21, 2019, the first election officer held the representatives of other farming association corporations with respect to C on March 21, 2019, and finally determined that C had the qualifications of a candidate for the president. On the following day, C voluntarily withdrawn from the instant election, and the Plaintiff’s election was held in the status of a candidate for the sole election. 4) On March 28, 2019, the first election officer carried out a secret vote asking for pros and cons on the appointment of the Plaintiff, who is the sole candidate, as the Defendant’s new president (hereinafter “instant pro and cons voting”), and as a result, C’s total result.

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