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(영문) 춘천지방법원강릉지원 2014.08.14 2013가합5001
손실보상금
Text

1. The plaintiff (appointed party)'s claim is all dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. The Defendant is a fishing village fraternity (hereinafter “Defendant fishing village fraternity”) with the aim of promoting a joint project to enhance the productivity of fishing village fraternity members and improving their economic, social, and cultural status, with the aim of promoting the implementation of the joint project to improve their fishery productivity and enhancing their economic, cultural and cultural status, and the Plaintiff and the designated parties (hereinafter “Defendant fishing village fraternity”) are the members of the Defendant fishing village fraternity.

B. As a result of the construction of LNG production base implemented in Sejong-gu Seoul Metropolitan Government, Defendant fishing village fraternity suffered a loss in the fishery business of Defendant fishing village fraternity, Defendant fishing village fraternity received total of KRW 4,33,988,500 from the Korea Gas Corporation, which is the owner of the said construction, with the amount of compensation for fishery loss (hereinafter “instant compensation”).

C. On August 15, 2012, Defendant fishing village fraternity held an urgent meeting to resolve the distribution, etc. of the instant compensation, etc.; Defendant fishing village fraternity distributed 22 million won to 74 members of fishing village fraternity with the consent of eight total number of 11 members of fishing village fraternity, respectively; however, Defendant fishing village fraternity decided to additionally distribute 20 million won to 20 million won to 3 members of fishing village fraternity with the consent of eight members of fishing village fraternity with the consent of eight total number of members of fishing village fraternity. According to the production performance, Nai fishermen divide the top five persons into the first, the second, the second, and the fourth, the second, third, and the third, third.

(hereinafter referred to as “instant resolution”). [Grounds for recognition] The fact that there is no dispute, Eul’s evidence 1-2 and Eul’s evidence 4, and the result of the fact inquiry into the Korea Gas Corporation, the purport of the entire pleadings.

2. Determination on the Plaintiff’s claim for confirmation of invalidity of the distribution resolution of this case

A. The Plaintiff’s assertion is that the instant compensation money is jointly owned by the Defendant fishing village fraternity, and its distribution should be made by the resolution at the general meeting of the Defendant, but the Defendant fishing village fraternity was not a general meeting, but a resolution for distribution of the instant compensation money at the Emergency General Meeting of the Plaintiff on August 15, 2012, and thus, the instant resolution for distribution is null and void because it did not go through legitimate

In addition, the defendant fishing village fraternity is actually engaged in diving fishery business.

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