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(영문) 서울서부지방법원 2014.04.24 2013가합3323
총회결의무효확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The defendant is an organization of persons of distinguished service to the State established on April 10, 1992 on the basis of the law on the establishment of organizations, such as persons of distinguished service to the State.

As the term of office of the president C ends on March 31, 2013, the defendant announced the election of the president on February 15, 2013 and recruited candidates.

Accordingly, the plaintiff and D have completed the registration as a candidate for each chairperson.

On the other hand, on January 22, 2013, the defendant set three agenda items, including the appointment of executive officers, to the members, and notified the convocation of the general meeting.

On March 7, 2013, the defendant held a general meeting of 2013 (hereinafter referred to as the "general meeting of this case") among 125 incumbent members (10 executives, 16 heads of branch offices, and 9 representatives), and went to the election of executives, among the 122 members present at the general meeting of 2013 (hereinafter referred to as the "general meeting of this case"), and as a result of voting, D obtained 7 votes and 45 votes from the plaintiff and elected D as the chairperson.

(hereinafter referred to as the "election of the Chairperson of this case"). In the following cases, in the election of the Vice-Chairperson, the auditor, and directors (hereinafter referred to as the "election of the executive officers of this case"), the recommendation committee of candidates for executive officers comprised of persons designated by D elected as candidates for the Vice-Chairperson E, F, G, H, I as candidates for directors, G, H, I as candidates for directors, and J and K respectively, and the above candidates were selected as executive officers at the general meeting.

The defendant's articles of incorporation is to elect the president, vice president, directors and auditors at the general meeting, and the detailed rules are to be prescribed.

The management rules for the defendant's election of executive officers related to the election of the chairperson and executive officers of this case are as follows.

Article 12 (Appointment of Officers) of the Regulations on Election Management of Officers shall be established by the direction of the Chairperson, following the election of the Chairperson, if the director of the Vice-Chairperson, the term of office of which expires at the general meeting (hereinafter referred to as "executive officers of the Vice-Chairperson, etc.") is elected.

Article 13 (Composition, etc. of Transitional Officers) (1) The Transitional Officers shall be the heads of chapters, delegates, and committee members.

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