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(영문) 수원지방법원평택지원 2016.01.15 2015가합1323

출자금반환

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

A. The defendant is the party to the agreement and is a cooperative consisting of owners of land in the development zone in order to implement an urban development project using land substitution methods for Pyeongtaek-si E (hereinafter “instant project”), and the plaintiffs are the parties to the agreement.

B. On December 12, 2011, the Defendant held a meeting of executives (board of directors) on December 15:00, 201, and adopted the following items: “In order to secure the instant project funds and the operating expenses of the association, the Defendant shall, with the consent of eight directors, hold a meeting of board of directors and receive the investment of up to 2 billion won in cash from the association members, and then sell the land secured for recompense of development outlay, distribute dividends to the said union members, including the principal of the investment, if dividends are paid within two years, 300% including the principal of the investment, and shall be paid in excess of 10% per annum every year, and the amount shall not exceed 50% per annum. 2) The Defendant held a meeting of board of representatives on December 15:00, 201 and passed a resolution on the agenda for the investment of the union members with the consent of 14 of the total representatives (including six written resolution).

3) On March 21, 2012, Plaintiff A, together with the Plaintiff’s KRW 50 million, KRW 17 million on March 29, 2012, KRW 50 million on March 29, 2012, KRW 117 million on March 30, 2012, KRW 100 million on March 21, 2012, KRW 50 million on March 21, 2012, KRW 50 million on March 23, 2012, KRW 7 million on March 29, 2012, KRW 17 million on total, KRW 30 million on the Plaintiff’s investment and KRW 17 million on the Plaintiff’s 1 million on March 21, 2012, and KRW 17 million on the Plaintiff’s 201,300,0000 on each of its partners’ investment and KRW 17 million on March 21, 2012.

(D) A lawsuit filed to nullify the invalidity of the loan and the judgment of the first instance court was rendered in 2012 to confirm the invalidity of the loan (2012Gahap855), and the Defendant’s appeal was dismissed on January 23, 2014, and the said judgment became final and conclusive. D. Resolution 1 on the conversion of the loan) the Defendant on April 3, 2014.