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(영문) 전주지방법원 2020.01.16 2018가합3006
지분계산반환금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On June 13, 1997, K Union (hereinafter “K Union”) is a juristic person established pursuant to MM law for the purpose of promoting the promotion of mutual welfare between its members and improving the economic status of its members by having 33 asphalt concrete suppliers located in L on June 13, 1997 as its members.

The K Union has failed to comply with the contract for the purchase of government-funded containers conducted by the Public Procurement Service and has distributed the awarded amount to the members and operated the project in such a way as to pay the profits from the members after receiving fees from the members.

B. Following the amendment of the relevant statutes, only unions with a market share of less than 50% from around 2008, were allowed to participate in the bidding conducted by the Public Procurement Service, etc.

Accordingly, as of January 15, 2008, in order to lower the market share in the L of the K Association, the K Association and its partners except for 21 members of the K Association as of January 15, 2008, and 10 suppliers, including Plaintiff G Co., Ltd. (formerly changed: N Co., Ltd.) and limited liability companies, and 10 suppliers, including Plaintiff G Co., Ltd. (formerly changed: Defendant: hereinafter “Defendant Association”) and 2 supply companies, respectively, establish and join the P Association (P Association hereinafter “P Association”).

However, in spite of the establishment of the Defendant Association and the P Association, the Defendant Association, the P Association, and the K Association (hereinafter collectively referred to as the “Defendant Association, etc.”) have been operated as a single association under the overall control of the K Association, including the joint use of the office and the management of the income and expenditure of the Defendant Association and the P Association.

On the other hand, the rest of the plaintiffs except the plaintiff G and the limited liability company H were admitted to the defendant association around 2009.

C. Since then, there is a need to re-Adjustment of the market share by each union of the defendant cooperatives, etc., and the defendant cooperatives, etc. shall be the defendant cooperatives, etc. of the consolidated board of directors of the three cooperatives on December 18, 2013.

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