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(영문) 인천지방법원 2019.08.21 2018가단245558

출자금환급 청구의 소

Text

1. The defendant's KRW 10,000,00 for each of the plaintiffs and 15% per annum from January 2, 2019 to May 31, 2019, respectively.

Reasons

1. Basic facts

A. The Plaintiffs are members who invested KRW 10 million per unit ( KRW 100,000 per unit, KRW 100,000 per unit, and KRW 100 per unit) in the Defendant Partnership around 2015.

B. The Plaintiffs withdrawn from the Defendant Partnership on August 20, 2018.

C. The parts related to the instant case in the articles of incorporation of the Defendant Union (established on March 13, 2015, October 20, 2016) are as follows.

IX.(Regulations or Regulations)Except as provided for in articles of incorporation, matters necessary for the operation of unions and the conduct of their projects may be prescribed by rules or regulations.

Article 16 (Right to Claim Refund of Share of an Withdrawing Member) (1) Any member who withdraws from a cooperative or is expelled from a cooperative may claim the refund of share, as provided for in each subparagraph of the following subparagraphs:

1. In case of withdrawal under Article 14, the withdrawing member may demand a refund of his share;

(2) The shares under paragraph (1) shall be determined according to the assets and liabilities of the union as at the end of the fiscal year expulsion or withdrawal.

(5) A claim under paragraph (1) may be made from the fiscal year following the fiscal year in which the withdrawal or expulsion is made.

Article 17 (Liability for Amount of Loss of an Withdrawing Member) (1) Where a withdrawing member is unable to fully repay his/her obligations due to the properties of the withdrawing member when calculating the amount of shares refunded, the withdrawing member shall pay the amount of losses that he/she has to bear within the extent of the amount of shares that he/she has not performed

Article 20 (Scope of Equity Holdings) Shares of partnership members for the property of partnership are as follows:

Provided, That the legal reserve under Article 50 (1) of the Act shall not be included in the scope of shares.

1. Contributions paid by members;

2. The fiscal year of the cooperative under Article 64 (Fiscal Year) of the Reserve, etc. (including losses) established at the general meeting of each fiscal year shall be from January 1 to December 31 of each year;

The provisions of the Framework Act on Cooperatives relating to this case are as follows.

Article 26 (Right to Claim Refund of Share and Suspension of Refund) (1)