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(영문) 서울고등법원 2016.10.28 2016나2047810
이사 및 이사장지위 부존재확인
Text

1. The defendant's appeal is all dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Gyeonggi-do Private Taxi Business Association, which was a co-defendant of the first instance trial related to the parties (hereinafter “private taxi business association”) is an association established pursuant to Article 53 of the Passenger Transport Service Act to promote the welfare and protect the rights and interests of private taxi transport business entities in Gyeonggi-do. The Defendant is a person who was a director of the private taxi business association on January 11, 2013.

Plaintiff

A, B, C, and D are representatives of private taxi associations, and the rest of the plaintiffs are members of the association.

B. On October 14, 2014, the Seoul Northern District Court sentenced the Defendant to 10 months of imprisonment with labor for the crime of taking property in breach of trust (2014dan2533), and the Defendant appealed against it, but all appeals and appeals were dismissed, and the above judgment became final and conclusive on June 24, 2015. The facts constituting the crime of the above judgment are as follows: “The Defendant shall exercise the right to vote fairly when selecting the head of the association of private taxi transportation businesses across the country of 16 Cities/Dos, and shall not receive money, goods, or other benefits from the candidates; on March 27, 2010, the Seoul Northern District Court sentenced the Defendant to 10 months of a suspended sentence (20 years of a suspended sentence of imprisonment with labor for 20 years of a fine). The Defendant may receive 200 years of a suspended sentence from the president of the private taxi transportation centers located in Suwon-si, Suwon-si, 2010 to 20 years of a suspended sentence of 2010 years of imprisonment for the above election.

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