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(영문) 부산고등법원(창원) 2019.09.26 2019나11510
분담금 반환 청구의 소

1. The defendant's appeal is all dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal



1. The reasoning of the lower court’s acceptance of the judgment of the first instance is as follows, and thus, it is consistent with the reasoning of the first instance judgment.

As follows, 7 12-14 pages shall be 7-14.

The defendant asserts to the effect that, since the plaintiffs intentionally lack the requirements of the householder in order to avoid the prohibition of voluntary withdrawal, they are not disqualified, and the plaintiffs merely expressed their intent to withdraw to the defendant. Thus, since there was no resolution of the general meeting that decides whether to withdraw, the withdrawal did not take effect against the plaintiffs, and therefore, the defendant's obligation to pay the refund does not arise.

8 The defendant's above assertion shall not be accepted in his 8th parallel of conduct as follows.

Since the plaintiffs were disqualified as a member according to the grounds for being disqualified as a householder, the defendant's assertion based on the different premise is without merit without determining the remaining points.

9 The decision on the argument made by the defendant in the appellate court shall be added to the following following the last eth of the last eth action:

1) As to this, the Defendant: (a) the promotion cost to be deducted from the payment under Article 12(4) of the Rules of this case is not only the administrative service cost; (b) the operating cost of the partnership; and (c) various service costs and taxes and public charges incurred by the Defendant for a business (hereinafter “diversified

The plaintiffs claim that since the actual payment of various project promotion costs can be known through the resolution of the general meeting or the public notice on the website, the above various project promotion costs can be deducted from the payment without a separate resolution of the general meeting.

In light of the following circumstances acknowledged by comprehensively taking account of the aforementioned evidence and the purport of the entire pleadings, various business promotion costs claimed by the Defendant are paid by the Plaintiffs.