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(영문) 광주지방법원해남지원 2015.06.30 2014가단20841

손해배상(기)

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against all the plaintiffs.

Reasons

1. Basic facts: Membership fees under Article 13 (Membership Fees) shall be monthly membership fees and special membership fees;

Provided, That the membership fees shall be deposited in E (the main office and Eup branch office) and shall be the joint name of the head of the partnership and the general affairs.

1. The monthly membership fee for each member shall be 50,000 won;

2. Special membership fee - Donations supporting the purpose of the establishment of this association;

- New partners shall be determined three times the shares of partners.

A. At around September 2004, F entered the Defendant E dried Product Intermediate Association (hereinafter “Defendant Association”). Around that time, the contents of the special membership fee among the rules of the Defendant Association were as follows, and the members were 28.

B. At the time of September 13, 2004, F transferred KRW 56,450,000 to an account in the name of Defendant D, which was the general affairs of the Defendant Cooperative, as of September 13, 2004, under the special membership fee. On March 4, 2005, F drafted a certificate of KRW 32,00,000 to the Defendant Cooperative.

Loans of KRW 588,00,000 prior to 2004 and loans of KRW 137,000,000 and assets loaned of KRW 850,694,327 prior to 204

C. On the other hand, the revenue and expenditure of the Defendant Union in 2004 are specified as follows:

The F died on February 15, 201, and the Plaintiff B and C, who is the wife of F, succeeded to F.

[Ground of recognition] Facts without dispute, each of Gap evidence Nos. 1 through 5 (including each number), the purport of the whole pleadings

2. Defendant D, upon entering the Defendant Cooperative, stated that “The special membership fee for the Defendant Cooperative is KRW 81,00,000,000” was paid in cash and the remainder is paid in lieu of preparing a loan certificate of KRW 32,00,000.”

D was calculated by dividing the assets of the Defendant Union into the amount including deposits and loans and by dividing them into the number of its members, and requested a special membership fee of KRW 81,00,000, which is three times the shares according to the rules of the Association.

However, the defendant D's assets are the assets of the defendant association.