logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원홍성지원 2016.09.22 2015가합1823
위원장선출결의 무효확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant is a trade union whose members are nationwide workers in the field of EF.

B. The Defendant’s members C filed a lawsuit against the Defendant seeking confirmation of the absence of a general meeting resolution (Seoul District Court Red Branch 2015Gahap318), and on October 16, 2015, the conciliation was established with the content that “the Defendant shall hold an extraordinary meeting on November 26, 2015, with the chairperson, secretary general, and two auditors elected.” G as the election management chairperson, and the election commission that is recommended by HI and J as election management members. The preparation date of the electoral register is November 10, 2015.”

C. Accordingly, the Defendant appointed G as the chairman of the election management committee, and announced the candidate registration on November 18, 2015 as the election day. ① The Plaintiff, M, 2 N,O, 3 marks C, and D completed the registration as the candidate for each chairman and office director.

On November 18, 2015, at the Defendant’s extraordinary general meeting held on November 18, 2015, an election to elect the Defendant’s Chairperson and the Secretary General (hereinafter “instant election”) was held, and C and D obtained the greatest number of votes via the first and second votes, and the Defendant’s election commission decided C and D as the elected.

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, and 10 evidence, purport of the whole pleadings

2. Judgment on the main defense of this case

A. The gist of the parties’ assertion 1) The Plaintiff did not pay the partnership fees for not less than three months and lost its membership as Defendant Union members. Since the instant election was established separately after the instant election and the Plaintiff was appointed as the chairperson and retired from the position of Defendant Union members, the instant election is subject to the resolution to be elected as the chairperson and the secretary general (hereinafter “instant resolution”).

(2) The Plaintiff, after the end of December 2015 and around June 2016, did not have any interest in seeking confirmation of invalidity, paid in full the unpaid partnership expenses.

arrow