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(영문) 춘천지방법원영월지원 2015.04.29 2014가단2865
합의금반환
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 201, 201, the 294 residents of Thai-si C, D Village (hereinafter “instant village”) including the Defendant (294 residents of the instant village are currently not clear; hereinafter “applicants”) appointed attorneys-at-law as their agent to receive compensation for damage caused by dust generated from the smoke plant located in the instant village, and filed an environmental dispute mediation with the Central Environmental Dispute Mediation Committee, by designating the F Co., Ltd. (hereinafter “F”) and G(H) and Thai-si market in the instant village as the respondent.

B. Around May 2012, Defendant and E received, on behalf of the applicants, KRW 20 million from F, and KRW 10 million from G, respectively, on condition that the Defendant and the applicants withdraw the said application, on behalf of the applicants, and agreed with F, G, and Thai City to use it as a village development fund (hereinafter “instant agreement”).

C. After that, the Defendant continued to retain the request for the return of the instant agreed amount by some applicants after receiving the instant agreed amount from F and G, and continued to retain the agreed amount until now.

The main provisions relevant to this case in the plaintiff's bylaws are as follows.

Article 1 (Purpose) The main purpose of the Association is to contribute to the enhancement of the interests of village residents who actively cope with the friendship and emerging regional pending projects of village residents A.

Article 3 (Projects) In order to effectively carry out the objectives set forth in Article 1, the main session shall carry out the following projects:

(1) Business related to the friendship of village residents. (2) Business related to the friendship of village residents.

Article 8 (Election of Officers)

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