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1. The Defendant’s KRW 9,279,102 as well as the Plaintiff’s annual rate from August 5, 2014 to June 3, 2016.
Reasons
1. Basic facts
A. The Defendant is a cooperative established pursuant to the Small and Medium Enterprise Cooperatives Act for the sound development of two-wheeled automobile business and the promotion of mutual welfare among its members, and the Plaintiff has served as a managing director from April 20, 2007.
On April 8, 2014, the board of directors held on April 8, 201, expressed the intent to resign and withdraw from the partnership.
B. The provisions pertaining to withdrawals and return of investments in the defendant's articles of incorporation are as follows.
Part II members of a cooperative may withdraw from membership after the lapse of the pre-announcement period after giving 60 days' prior notice.
(2) A prior notice under paragraph (1) shall be given in writing stating the purport thereof.
Article 19 (Refund of Withdrawer's Equity Shares and Suspension thereof (1) Upon the request of the withdrawing partner, the Union shall refund the full amount of equity shares calculated under Article 20 for the property of the partnership at the end of the business year immediately preceding the year in which the withdrawing partner
Article 20 Shares of partners for the property of a cooperative within the scope of shares are as follows:
(hereinafter omitted)
1. Contributions paid by members under Article 16 of the Small and Medium Enterprise Cooperatives Act;
2. An investment which a member has made by revolving pursuant to Article 18 of the Small and Medium Enterprise Cooperatives Act;
C. On February 6, 2010, the Defendant held a general meeting and enacted the rules and regulations in addition to the previous articles of association. The provisions related to retirement allowances in the relevant provision of benefits (hereinafter “instant provision of benefits”) are as follows.
Part V: Retirement benefits shall be paid when a person retires or dies as an employee of a union at the head office of Article 25 of the retirement benefits payment.
Article 26 (1) The method of payment of retirement allowance shall be determined by multiplying the average wage at the time of retirement by the standard payment rate in attached Table 1, which is calculated by one month per year in continuous service.
(2) "Retirement" in this Regulation means the following cases:
1. Dismissal from office for council members;
2. Age limit;
3. Discharge; and
4. Death;
5. The number of years of continuous service in the calculation of the number of years under Article 28 of the Honorable Retirement;