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(영문) 인천지방법원부천지원 2015.01.28 2013가단48571

지분환불금

Text

1. The Defendant’s KRW 41,157,94 for the Plaintiff and KRW 5% per annum from January 18, 2014 to January 28, 2015.

Reasons

1. Determination on the cause of the claim

(a) evidence A 1 to 7, evidence 9, and evidence B 1 to 9 (if any, including a serial number; hereinafter the same shall apply) of each share refund obligation;

In full view of the purport of the entire pleadings, the Defendant corporation was established for the purpose of processing and distributing each room on January 25, 2010. The Plaintiff invested KRW 50 million in the Defendant corporation around February 10, 2010 (10,000 in the unit number of investment districts) and the Plaintiff expressed his/her intention to withdraw in writing to the Defendant corporation around January 13, 2012. (2) The relevant statutes and the articles of incorporation of the Defendant corporation are as follows.

(5) Matters necessary for the establishment, investment, business, entries in the articles of incorporation, dissolution, etc. of agricultural partnership or fisheries partnership shall be prescribed by Presidential Decree.

(7) Except as otherwise provided for in this Act, the provisions of the Civil Act governing associations shall apply mutatis mutandis to agricultural or fisheries partnerships.

Article 12 (Matters Stated in Articles of Incorporation) (1) of the Enforcement Decree of the Act on Fostering and Supporting Agricultural and Fisheries Enterprises shall include the following matters:

7. In the case of the withdrawal and expulsion of a member, matters concerning the calculation of shares in the articles of incorporation of a defendant corporation. Article 13 (Withdrawal) (1) A member or an associate member who wants to withdraw shall give written advance notice of his intention of withdrawal to a juristic person and withdraw, and all subsequent settlement shall be made at the end of the relevant fiscal year;

Article 26 (Refund of Equity Interest in Withdrawal) (1) When a member or an associate member withdraws, the equity of the member shall be refunded in cash or in kind.

(5) The refund of shares shall be made at the end of the fiscal year concerned.

Article 28 (Accounting Year) The fiscal year of the Partnership shall begin on January 1 of each year and end on December 31 of each year.

3. According to the above facts of recognition, the defendant corporation shall make a written statement to the plaintiff.