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1. Ascertainment that the Defendant’s resolution to amend the articles of incorporation made on November 10, 2016 is null and void.
2. K in April 5, 2016 by the Defendant.
Reasons
1. Basic facts
A. The defendant is a non-legal entity that is a branch of a private taxi transport business partnership in Gyeongnam-do with the aim of fostering and developing J-owned taxi transport business, protecting the common interest of members, and promoting friendship. The defendant is a non-legal entity that is a member of J-si's private taxi transport business license holder, and the plaintiffs are the defendant.
B. The instant disciplinary resolution and the instant appointment resolution 1) The Defendant held a steering committee on February 5, 2016 and held a steering committee to be held on February 5, 2016, and Plaintiff A, B, C, D, E, F, and G (hereinafter “Plaintiff A, etc.”) who was an operating member of the Defendant.
(2) On March 18, 2016, a resolution of the disciplinary committee to suspend eligibility for election to the Plaintiffs by holding a disciplinary committee on March 18, 2016 (hereinafter “instant resolution of disciplinary action”) by deeming that a disciplinary committee member was disqualified due to the grounds for disciplinary action.
2) On the other hand, on March 12, 2016, the Defendant publicly announced that the Plaintiff et al. should be dismissed (referring to the suspension of eligibility for election) from the Defendant’s operating committee members. On the other hand, the Defendant held a steering committee on April 5, 2016 only five operating committee members remaining after the Plaintiff et al., and made a resolution to appoint K, M, N, andO as each operating committee member (hereinafter “instant resolution of appointment”).
3) The Plaintiffs filed a lawsuit seeking confirmation of invalidity of the instant disciplinary resolution with the Changwon District Court 2016Hun-Ga51910. On November 3, 2016, the first instance court rendered a judgment that confirmed that the instant disciplinary resolution was null and void. Accordingly, the Defendant appealed with the Busan High Court 2016Na25266, but the appellate court dismissed the Defendant’s appeal on April 20, 2017, thereby making the said judgment (hereinafter “final judgment on relevant case”).
This is confirmed as is.
C. The defendant's resolution to amend the articles of incorporation of this case.