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(영문) 인천지방법원 2017.10.20 2016가단30080 (1)
출자금반환등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Defendant B’s agricultural partnership (hereinafter “Defendant B”) is an agricultural partnership with the aim of increasing productivity through collaborative agricultural management and jointly promoting the shipment, processing, export, etc. of agricultural products to its members’ income. The Plaintiff is a partner who invested KRW 52.5 million in the Defendant Partnership.

B. On September 17, 2015, the Plaintiff submitted to the Defendant Union a written statement indicating his/her intention to withdraw from the membership.

C. The relevant provisions of the articles of association of the defendant association are as follows.

[Rights of the Defendant Association] Article 11 (Rights) (1) The rights of the members of the association are as follows:

2. Article 13 (Withdrawal) (1) of the Act on the Claim for Refund of Equity Interest (Withdrawal) (1) A member or an associate member who wishes to withdraw shall withdraw 60 days in writing prior to a written notice of his intention to withdraw to the partnership and any subsequent settlement shall be made at the end of the pertinent fiscal year;

(4) Notwithstanding the provisions of paragraph (1), partners or associate partners shall not withdraw from the time when a partnership corporation faces managerial difficulties without any inevitable reasons.

Article 51 (Holding of General Meeting and Quorum) (2) Matters falling under the following subparagraphs shall be decided with the attendance of not less than 2/3 of all the members and with the concurrent vote of not less than 2/3 of those present:

4. Fact that there is no dispute over admission, withdrawal and expulsion of union members (based on recognition), entry of evidence Nos. 2 and 4, and purport of the whole pleadings;

2. The assertion and judgment

A. The Plaintiff asserts that, since the Plaintiff submitted a document indicating his intention to withdraw to the Defendant, the Plaintiff is obligated to settle the Plaintiff’s amount of KRW 52,500,000,000, which is the end of the pertinent fiscal year, until December 31, 2015.

As to this, since the defendant union has been faced with managerial difficulties by the defendant union since the time when the plaintiff expressed his intention of withdrawal, the plaintiff cannot withdraw from the association under the articles of association, and there was no resolution of the general meeting of the union members on the plaintiff's withdrawal, so the plaintiff's withdrawal is premised.

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