출자금 반환
1.The judgment of the first instance, including the claims extended in the trial, shall be modified as follows:
The defendant.
1. Basic facts
A. Around April 30, 1996, the Plaintiff joined the Defendant’s membership and invested KRW 500,000,000 in total, as of January 1, 1997, KRW 100,000 on September 8, 2003, KRW 200,000 on April 13, 2004, and KRW 100,000 on June 2, 2014.
B. From November 10, 2003 to February 15, 2008, the Plaintiff borrowed money from the Defendant as indicated below (hereinafter “the Defendant’s claim against the Plaintiff arising therefrom”) on February 4, 2016 as the base date, and the principal balance is KRW 8,901,064, interest amount is KRW 9,231,144.
On November 10, 203, 104, 7,400,000, 984, 397 4,362,906 September 6, 2014, 2014; 918,120,00 on September 7, 2004; 60,60,000 on September 12, 2009, 2002,802,802,686864 on September 13, 200, 204; 120,00,000 on September 7, 2004; 202,6864 on September 13, 200, 200; 10,000,000, 6864 on September 13, 200, 205;
C. On June 5, 2009, the Plaintiff filed an application for individual bankruptcy and exemption from liability in the Seoul Rehabilitation Court Decision 2009Hadan15397, 2009, and 15397, and the above court rendered a declaration of bankruptcy on October 19, 2009 (hereinafter “instant declaration of bankruptcy”), the decision to grant immunity on December 21, 2009 (hereinafter “instant decision to grant immunity”) against the Plaintiff, and the decision to grant immunity on November 4, 2009 became final and conclusive, respectively. < Amended by Act No. 9874, Nov. 4, 2009; Act No. 9977, Jan. 6, 2010>
Meanwhile, the instant loan claims were also included in exemption claims.
On October 8, 2015, the Defendant notified the Plaintiff of withdrawal from the membership on October 21, 2015 that the Plaintiff would have been treated as a partner withdrawal, and thus, the Defendant notified the Plaintiff of withdrawal to the effect that the Plaintiff would claim KRW 643,288 of the Plaintiff’s share refund (the paid-in KRW 500,000 business reserve KRW 143,288).
Article 29 (Withdrawal) (1) Members may withdraw after notifying the regional agricultural cooperatives of their intention to withdraw.
(2) A member who falls under any of the following subparagraphs shall automatically withdraw:
3. In cases of bankruptcy, Article 31 (Right to Claim Refund of Share and Suspension of Refund) (1) Any withdrawing member shall be included;