logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원동부지원 2015.12.15 2015가단204139
손실보상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts are acknowledged according to the statements in Eul evidence Nos. 2, 4, 5, 6, 11, and 12 (including each number), and according to the results of fact inquiries and the purport of the entire pleadings with respect to the Korean hydroelectric Power and Nuclear Co., Ltd. in this Court:

A. According to Articles 17 and 18 of the articles of incorporation of the Defendant fishing village fraternity, a fishing village fraternity may impose on the members of the fishing village fraternity the expenses incurred in installing and operating common facilities of the fishing village. In the event that the members of the fishing village fraternity do not pay the expenses or perform any other obligation to the fishing village fraternity, the expulsion can be made through a resolution of the general meeting.

B. around the beginning of 2006, Defendant fishing village fraternity imposed expenses of one million won on the members of fishing village fraternity for the cost of repairing buildings and installing a report on the installation of a fire that occurred in the previous year.

C. On April 18, 2006 and May 17, 2006, Defendant fishing village fraternity urged the Defendant to pay the said KRW 1 million to the Defendant who is the cause of the fraternity, and notified the Plaintiff that he will handle the said amount in accordance with the articles of incorporation at the meeting during five months if the Plaintiff did not express any intent on this matter. However, the Defendant did not complete this, and the Defendant fishing village fraternity appointed the Defendant by opening a general meeting on May 30, 2006.

(hereinafter “instant expulsion resolution”) D.

From August 27, 2009 to August 26, 2015, Defendant fishing village fraternity obtained a communal fishing license for the branch line 7.6 km in Busan-gun, Busan-gun, Busan-gun, and Korea Atomic Energy Co., Ltd. paid Defendant fishing village fraternity KRW 456,524,00 as compensation for damage to communal fishing business caused by thermal effluents discharged from the power plant. Defendant fishing village fraternity held a general meeting on December 31, 2014 and decided to equally distribute the said compensation to the relevant fishing village fraternity and the members of fishing village fraternity.

2. The Plaintiff’s assertion and determination are not only in violation of the procedures stipulated in the articles of incorporation of the Defendant fishing village fraternity, but also the expulsion disposition is limited to the last means where it is inevitable for the achievement of the objectives of the fishing village fraternity or for the common interest.

arrow