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(영문) 광주지방법원 2017.04.14 2016나55321

매매대금

Text

1. Of the judgment of the court of first instance, the part against the plaintiff as to the defendant B, which constitutes the following amount of payment:

Reasons

1. Basic facts

A. The Plaintiff is a legal entity established under the Small and Medium Enterprise Cooperatives Act on January 31, 1992, and Defendant B, C, and D, respectively (10,000 won), and Defendant E, as a member of the Plaintiff’s association, invested one unit (600,000 won) for the purpose of improving the economic status of its members and promoting the balanced development of the national economy by promoting the sound development of construction sections, wholesale and retail business, promoting the promotion of mutual welfare among its members, and promoting their independent economic activities by carrying out cooperative projects.

B. On July 2, 2010, the Plaintiff’s board of directors held on July 2, 2010 adopted a resolution stating that “only a person who sent a peremptory notice to submit it by registered mail to the members who did not present a business registration certificate until July 13, 2010, and submitted it, shall be qualified as a member. A member who runs a business stipulated in the articles of incorporation but does not submit a business registration certificate shall not be confirmed as a member, so that a member who does not submit a business registration certificate may not confirm the membership, so that the member shall submit an application for withdrawal from the association attached to prevent any legal problems relating to the qualification of the member.” Accordingly, the Defendants were notified to the Defendants, but the Defendants did not submit a business registration certificate by July 13, 2010.

C. According to the above resolution, the Plaintiff classified Defendant C, D, and E as associate members who did not submit a business registration certificate by July 13, 2010, but Defendant B was classified as an associate member on the ground that the Plaintiff’s qualification was verified by submitting a business registration certificate around February 2010.

The Defendants did not submit a business registration certificate to the Plaintiff even until November 5, 2013. The Plaintiff’s board of directors held on November 8, 2013, which was held on November 8, 2013, became final and conclusive as a withdrawing partner on November 5, 2013 by Defendant B and associate members who did not submit a business registration certificate by November 5, 2013.

‘Resolution' has been adopted.

E. The Plaintiff is the Defendant on February 18, 2014.