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(영문) 춘천지방법원강릉지원 2016.08.09 2015나6507
기타(금전)
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant, a non-corporate company company, is the fishing village fraternity under the jurisdiction of the K Fisheries Cooperatives established by having the members of the JJ as the fishing area.

B. The Plaintiff, from around 2006, operated D and E as a fishery product management vessel that Defendant fishing village fraternity managed and confirmed, had 60% of the total production amount and paid the remainder 40% to Defendant fishing village fraternity according to an agreement with Defendant fishing village fraternity.

C. On December 31, 2012, Defendant fishing village fraternity’s fishing ground was buried as the site for a thermal power plant, which was licensed and published as the site for a thermal power plant, and accordingly, Defendant fishing village fraternity was entitled to receive compensation from Defendant fishing village fraternity companies.

On April 22, 2013, the Plaintiff filed a lawsuit against the Defendant fishing village fraternity for the distribution of compensation paid by the Defendant fishing village fraternity (hereinafter “related lawsuit”) by filing a lawsuit for the amount of 2013da 3817 shares in the Chuncheon District Court branch court (hereinafter “relevant lawsuit”). D.

The defendant's fishing village fraternity has been informed of the fact that the chief of the fishing village fraternity had held the special meeting in the case of the special meeting from 20 years ago to the day before the general meeting and on the day, and the main text of Article 27 of the Articles of Incorporation stipulates, "The general meeting is held with attendance of a majority of the members, and makes a decision with the consent of a majority

E. On June 4, 2013 and on June 5, 2013, Defendant C, the leader of Defendant fishing village fraternity, notified the members of the 4-5 broadcast to convene an extraordinary general meeting on June 5, 2013. The members of the 300 fishing village fraternity discussed the following: “whether the Plaintiff’s claim for distribution should be paid as a dividend after requesting G appraiser to conduct an appraisal of the amount of profit arising from the operation of the management vessel from 2008 to 2010” at the extraordinary general meeting held on June 5, 2013.

On June 7, 2013, the Plaintiff withdrawn the relevant lawsuit.

F. Meanwhile, the Defendant fishing village fraternity C, the leader of the fishing village fraternity, around August 2013, is a stock company.

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