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(영문) 대구지방법원 2021.01.27 2019나7226

출자금반환

Text

1. The defendant's appeal is dismissed.

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

The purport of the claim and the appeal shall be 1.

Reasons

Basic Facts

C A cooperative (hereinafter referred to as the "C") is a corporation established to promote the welfare of its members through cooperative activities of its members and provide passenger transport services, etc. in accordance with the Framework Act on Cooperatives.

C According to Articles 11, 18, and 19 of the Articles of Incorporation (Evidence No. 6) 11, 18, and 19, a partner becomes a partner by paying to the partnership the amount of shares of investment.

Each partner shall make at least one contribution unit, and the amount per contribution unit shall be one million won.

The president of a cooperative provides that when a partner pays contributions, he/she shall affix his/her signature and seal to the cooperative members with a certificate of contribution or a certificate of contribution verifying such contribution.

On June 20, 2017, the Plaintiff subscribed as C members and paid KRW 22,00,000 to D, the chief director, at the time of joining as C members, as investments, and was drafted by D a certificate of payment of investment (Evidence A No. 1).

From the above time, the Plaintiff started business with the allocation of E-si operated in C, and received monthly dividends from C.

Han Part C was at the time of embezzlement by a resolution of its members on July 21, 2017.

The registration of the dismissal of the chief director and the appointment of the defendant F as C chief director is completed.

Since then C (F) takes into account various circumstances, such as the aggravation of finance, etc. on October 25, 2017, C (F) refers to compensation for the reduction of the number of taxi compensation for the reduction of the number of taxi units in Daegu-si, the compensation for the reduction of the number of taxi units in full for the reduction of the number of taxi units in Daegu-si.

B. The application was filed.

C (F) On November 15, 2017, at the general meeting of members, held a general meeting of members, received compensation for the reduction of the number of automobiles already applied for to the future C on the grounds of the aggravation of finance due to embezzlement, etc. of former president, and proposed that C be dissolved instead of establishing a taxi company, and at the time, 29 members of the union (including the Plaintiff) at the time.