1. Defendant B’s cooperative is the year from January 14, 2020 to February 10, 2021 with respect to the Plaintiff’s KRW 142,848,950 and its amount.

1. Basic facts

A. Defendant B cooperative (hereinafter “Defendant cooperative”) is a cooperative established for the purpose of protecting the rights and interests of its members through securing the property rights of individual chartered buses. Defendant C is a representative of the Defendant cooperative, and the Plaintiff is a member of the Defendant cooperative.

B. On July 14, 2014, the Plaintiff operated an E bus registered in the name of Co., Ltd., Ltd., and on August 10, 2017, upon joining the Defendant Partnership, the number of the said bus (F and D) was changed as above while making a transfer registration of ownership in the name of the Defendant Partnership.

The bus of this case (hereinafter referred to as “the bus of this case”) invested in kind and operated the bus from that time.

(c)

On December 9, 2017, the Plaintiff was appointed as the auditor of the Defendant Union. The Defendant Union dismissed the Plaintiff from the auditor at an extraordinary general meeting held on May 26, 2018, and made a decision to dismiss the Plaintiff from the auditor (hereinafter each of the above resolutions referred to as “decision to dismiss the Plaintiff,” and “decision to dismiss the Plaintiff from the audit committee”).

(d)

On June 8, 2018, the Defendant Cooperative filed an application for registration of change in the passenger transport business plan (hereinafter “application for reduction of the number of automobiles”) to cancel the number of the instant bus on the ground of the instant expulsion at Osan-si (hereinafter “instant application for reduction of the number of automobiles”). On June 19, 2018, Osan-si accepted the said application on the ground of the instant expulsion.

E. The Plaintiff filed a lawsuit against the Defendant Union seeking confirmation of the instant dismissal decision and the invalidity of the instant expulsion resolution, and the Suwon District Court confirmed on August 21, 2019 that “the instant dismissal decision and the instant expulsion decision are both null and void.”

“Judgment was pronounced (the Suwon District Court 2018 Gohap 18163) and the above judgment became final and conclusive on September 5, 2019.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 3, 7, 8, 14, Eul evidence Nos. 8 and 9, the purport of the whole pleadings

2. The Plaintiff’s determination of dismissal of the Plaintiff’s assertion has a serious procedural defect, and the instant expulsion order does not constitute a tort, inasmuch as there exist no justifiable grounds for expulsion.