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(영문) 대구지방법원 2020.11.26 2019나320868

전기판매대금배분

Text

The plaintiff's appeal is dismissed in entirety.

Expenses for appeal shall be borne by the plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The defendant corporation as a party is an incorporated farming association under the Act on Fostering and Supporting Agricultural and Fisheries Enterprises established on August 5, 2013. The plaintiff, defendant C, and D are members who participated in the establishment of the defendant incorporated association.

Defendant C is the auditor of the Defendant partnership corporation in January 2017, and Defendant D is the representative director of the Defendant partnership corporation in January 2017.

B. The articles of incorporation of the defendant partnership corporation relating to this case among the articles of incorporation of the defendant partnership corporation are as follows.

The purpose of this Article is to enhance productivity through collaborative agricultural management and to promote the increase of the income of partners through shipment, processing, export, etc. of agricultural products.

Article 11 (Rights) (1) The rights of partners of the partnership corporation shall be as follows:

1. A right to receive compensation for labor's response, engaged in a joint work by a cooperative corporation;

2. Claim for the refund of equity holdings;

3. Claim for distribution of remaining property at the time of dissolution of a partnership;

4. Right to vote and to be elected for officers of the partnership corporation;

5. The right to attend meetings of all the association corporations and make a resolution;

6. The right to participate in the operation of the partnership corporation and present its opinions;

(3) Members shall have one vote and one election, regardless of the size of their investments.

§ 12 (Duties) (1) The obligations of members of the partnership corporation shall be as follows:

1. Obligations to comply with the articles of incorporation and regulations;

2. Liability to invest in the partnership corporation;

3. The duty to participate in all the labor of partnership corporations and observe the labor regulations;

4. Obligations to attend the general meeting and obligations to observe the resolutions of the general meeting;

5. The legal entity which is obligated to make efforts for the development of the legal entity of the Union under Article 18 shall accumulate 10/100 or more of its profits of each accounting year as the legal reserve until it reaches the same amount as the total amount of investment.

Article 19 (Business Reserves)