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(영문) 의정부지방법원고양지원 2016.08.19 2015가합71573

지분환불금청구의 소

Text

1. The Defendant’s KRW 1,492,910,049 for the Plaintiff and KRW 6% per annum from April 29, 2016 to August 19, 2016.

Reasons

1. Facts of recognition;

A. The Defendant is a corporation established pursuant to the Small and Medium Enterprise Cooperatives Act for the purpose of encouraging independent economic activities of its members and promoting the improvement of their economic status and the balanced development of the national economy by promoting the sound development of the project to create the project for the development of the project for the development of the project for the development of the project for the development of the project for the development of the project of the project of the project of the development of the project of the project of the development of the project of the project of the development of

The defendant's total number of shares of investment is KRW 47,100,44.745 billion in total.

On May 25, 2005, the Plaintiff, a company engaged in warehouse business and logistics business, etc., decided to contribute 12.74% of the Defendant’s total number of equity shares (i.e., 6,000 / 74,100 x 100%) to 6,000 - 5.7 billion - from among the Defendant’s total number of equity shares. From that date to October 31, 2012, the Plaintiff paid a total of 2,142,542,897 won to the Defendant for several occasions from that date.

B. When the Defendant’s instant industrial complex development project was delayed, the Plaintiff gave notice of withdrawal to the Defendant on February 21, 2013, and then prepared and submitted a written waiver of membership status on the 28th of the same month, and accordingly, the Plaintiff’s withdrawal from the Defendant association was resolved at the general meeting of the Defendant association on October 11, 2013.

C. On May 19, 2014, the Defendant had completed the instant business complex development project, and obtained authorization for the completion of the instant general industrial complex on the so-called Maju-ju general industrial complex, which was developed with the area of 300,000 square meters in the Madju-si, Pakistan-si.

Meanwhile, Article 26 (1) of the Small and Medium Enterprise Cooperatives Act provides that "a member who withdraws from a cooperative may claim refund of his/her share, as stipulated by articles of association, if he/she withdraws from the cooperative," and accordingly, Article 18 (1) of the Articles of association of the defendant provides that "a cooperative shall, at the request of the withdrawing member, pay the refund of share through the payment adjustment procedure after completion of the project

[Reasons for Recognition] Unsatisfy, Gap's 1, 4, 5, 5.