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(영문) 대전지방법원논산지원 2014.08.20 2013가합2153
정산금
Text

1. The Defendant’s KRW 79,977,947 as well as 5% per annum from January 1, 2014 to August 20, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is an agricultural partnership with the aim of freezing and distribution business and freezing and storage business.

The plaintiff is a member of the defendant who invested 90,000,000 won on August 3, 2007 to the defendant, and holds 10% of the shares of the defendant.

B. Of the Defendant’s articles of incorporation, the parts relating to withdrawal are as follows.

(E) Only the parts related to this case shall be extracted. (1) A member or associate member who wishes to withdraw from a cooperative shall withdraw from the cooperative by giving written notice to the defendant of his intention of withdrawal sixty days in advance, and any subsequent settlement shall be made at the end of the fiscal year concerned.

(4) No member or associate member shall withdraw from the time when he/she faces managerial difficulties.

Article 26 (Refund of Equity Interest in Withdrawal) (1) When a partner withdraws, the equity of the member shall be refunded in cash or in kind.

(5) The refund of equities shall be made at the end of the relevant fiscal year.

Article 50 (Matters subject to Resolutions of General Meeting) The following matters shall be subject to resolution at a general meeting:

4. Admission, withdrawal, expulsion of members;

C. On April 24, 2011, the Plaintiff submitted a written application for the withdrawal of a member to the Defendant, but the Defendant’s general meeting in 2011 and 2012 did not make any particular resolution on the said application for withdrawal. On February 2, 2013, the Plaintiff decided to settle the shares in a way desired by the Plaintiff among refund following the return of principal or the assessment of partnership property by a resolution that approves the withdrawal of the Plaintiff at the general meeting of partners.

[Ground of recognition] Facts without dispute, Gap evidence 4-1, 2, Gap evidence 5, Eul evidence 1, 2, 6, 7, 18, and the purport of the whole pleadings

2. The parties' assertion

A. On April 24, 2011, the Plaintiff filed a lawful application for withdrawal from the association. At that time, the Defendant, without any justifiable reason, made a decision on the Plaintiff’s application for withdrawal in the year 2013.

Therefore, the Plaintiff voluntarily withdrawn from the Defendant Partnership on June 23, 201, which was 60 days after the application for withdrawal from April 24, 2011.

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