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(영문) 의정부지방법원 2017.05.12 2016가합605
출자금반환
Text

1. The Defendant: 1,621,723 won to Plaintiff A; 1,692,99 won to Plaintiff B; 1,701,397 won to Plaintiff C; and 1,497 won to Plaintiff E.

Reasons

1. Basic facts

A. The Defendant is an agricultural partnership established for the purpose of improving the productivity of livestock industry and increasing the income of its members through the rationalization of livestock management. The Plaintiffs were the Defendant’s members, but the Plaintiffs A, C were expelled on June 10, 2014, and Plaintiff B, D, E, F, and G were automatically withdrawn.

B. Articles of incorporation relating to the shares, reserves and accounts of the defendant's association members are as follows.

Article 18 (Legal Reserve) This legal entity shall set aside not less than 10/100 of its profits for each fiscal year as legal reserve until it reaches the same amount as the total amount of investment.

Article 19 (Business Reserves) This legal entity of the Association shall set aside its business reserve funds for the use, investment, shares in feed, depreciation costs, etc. every fiscal year for the long-term expansion of its business and the operation of its business in the following fiscal year.

Article 20 (Capital Reserve) This legal entity shall set aside an amount arising from any of the following subparagraphs as a capital reserve:

1. Marginal profits from the revaluation of assets;

2. Marginal profits from a merger;

Article 21 (Use and Disposal of Reserve Funds) (1) The legal reserve under the provisions of Article 18 and the capital reserve under the provisions of Article 20 shall be used to compensate for the losses of the partnership corporation;

(2) No legal reserve and capital reserve shall be refunded out of equities at the time of the withdrawal or expulsion of members.

(3) The business reserve referred to in Article 19 shall be governed by the management regulations in case where a member withdraws or is expelled.

Article 22 (Calculation of Shares) The shares of members of an association on the property of the incorporated association shall be calculated according to the following standards:

1. With respect to paid-in contributions, it shall be calculated every fiscal year according to the amount of contributions paid;

Provided, That where the property is reduced compared to the total amount of paid-in investment, it shall be calculated by reduction according to the amount of investment of each partner.

2. The reserve for business shall be divided into members each fiscal year before the use of feed.

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