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1. The Defendant: (a) KRW 21,342,969 to the Plaintiff; and (b) KRW 5% per annum from February 7, 2016 to January 11, 2017 to the Plaintiff.
Reasons
1. Determination on the cause of the claim
A. The summary of the argument is as follows: (i) The plaintiff union and C Union have resolved to merge with the plaintiff union and the defendant foundation as the same organization; (ii) the plaintiff union paid KRW 20,972,969 out of the loan debt that the defendant foundation owes to D; (iii) the defendant foundation paid the corporate tax of KRW 506,160 on behalf of the defendant foundation; (iv) the defendant foundation paid KRW 4,230,63 in cash to the defendant foundation in relation to the merger affairs; and (v) the defendant foundation paid KRW 41,782,100 as the construction cost due to the building and access road maintenance works located in E-gu, in a significant amount of the Cheongju City owned by the defendant foundation; and since the merger between the plaintiff union and the defendant foundation was nonexistent, the defendant is liable to pay the plaintiff the total amount of the above 69,861,862 won as unjust enrichment and compensation for delay.
Do. The Defendant asserted that the Plaintiff Union and C Union are not the same organization, and that the Plaintiff Union and the Defendant did not agree to merge, and that the Plaintiff’s assertion based on this premise is without merit.
(b)The facts subsequent to the facts of recognition may be found either in dispute between the parties or in combination with Gap evidence of Nos. 1 to 8, Eul evidence of No. 1 to 3, Eul evidence of No. 5-1 to 5-3, and the whole purport of the pleadings.
(1) In March 2003, the Defendant Company was a corporation established for the purpose of organic agriculture, green rural experience village project, etc., and at the time of its establishment, ten members were F, G, D, H, etc.
B. On December 26, 2006, 12 persons, including the above F, G, D, H, and I, who succeeded to a defendant corporation, and the members of the village cooperative succeeding to the defendant corporation are members of the Cheongju-ri, who are residents of the Cheongju-ri, and have certain qualifications. The C Cooperatives decided to the articles of association on the contents that the members are members of the Cheongju-ri, and the amount of 56,000,000 won and the amount of 3,420,697 won.