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(영문) 창원지방법원 2021.01.15 2020나53085
납입금반환
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The purport of the claim and the purport of the appeal.

Reasons

1. The reasoning of the court of first instance’s acceptance of the judgment is as follows, and the reasoning of the court of first instance is identical to that of the court of first instance, except for the dismissal or addition as follows. Thus, this is acceptable by the main sentence of Article 420 of the Civil Procedure Act.

Of the “1. Basic Facts” portion of the judgment of the first instance, paragraphs (d) and (e) are as follows.

"D."

A resolution of the Defendant’s general meeting (hereinafter “instant general meeting”) held on April 28, 2019, the Defendant made a resolution on the following matters regarding the agenda item No. 6 “the withdrawal of partners, the amount deducted from the charges, and the amount deducted from the charges,” and “the case at the time of refund.” The Defendant made a resolution on the following (hereinafter “instant resolution”) to the effect that “a member who filed a lawsuit, etc. against the Defendant shall withdraw from and process the lawsuit, etc. against the Defendant, and a member who withdrawn from the lawsuit, shall refund the amount calculated by subtracting 20% of the total charges out of the total amount of the charges (the station expenses for business purposes) and 10% of the office expenses, but the period of refund shall be replaced by a new member and a general seller, and the payment shall be made (hereinafter “instant resolution”).

The amount of deduction of cooperative members' charges and the amount of deduction classified by the time of refund shall be refunded when the first disqualified person's agency business is replaced by new cooperative members and general buyers, and the deposit is completed.

In addition, if there is a unpaid charge by the due date of the refund, the overdue charge, if there is a loan to a financial institution, the loan and interest on the unpaid loan shall be deducted from the refund amount, and the interest on the refund amount shall not be paid.

When applying for approval of a business plan, 20% of the total charges paid by partners and 100% of the total charges paid by partners shall be refunded to those who lose the status of partners due to disqualified persons, forfeiture of membership, expulsion, etc. when applying for approval of a business plan.

An applicant for voluntary withdrawal from a lawsuit seeking the refund of a charge by a person who voluntarily withdraws from a non-qualified member due to the progress of the project.

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