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(영문) 서울고등법원 2015.12.03 2015나25886
전부금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for the court’s explanation concerning this case is as follows: (a) the court shall use the first instance court’s 6th and 9th and 12th “ March 31, 2014” as “ April 1, 2014”; and (b) the 8th and 17th are the same as the reasoning for the judgment of the first instance, except where the 8th and 10th are used as follows; and (c) therefore, they are cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. The portion used after completion (Nos. 8, 10 to 17) (3) The Plaintiff may claim a refund of his/her share, as stipulated by the articles of association, when a member withdraws from a cooperative, pursuant to Article 26(1) of the Small and Medium Enterprise Cooperatives Act (hereinafter “Small and Medium Enterprise Cooperatives Act”) of Article 26(1) of the Small and Medium Enterprise Cooperatives Act (hereinafter “Small and Medium Enterprise Cooperatives Act”).

contrary to this, it asserts that the invalidation is invalid.

In light of the following circumstances, Gap's evidence Nos. 3, 4, Eul evidence Nos. 7, Eul evidence Nos. 8-1 through 3, and the purport of the entire argument, the defendant, at the request of a union member who has withdrawn from the articles of association and the operating agreement, refund the full amount of shares calculated by the union's property at the end of the business year preceding the year in which the date of withdrawal falls. However, for the execution of a joint project and the maintenance and management of joint wastewater treatment facilities, the defendant limits the refund of the contributions to the joint cooperative project by the time the union is dissolved, merged, or joint project is completed. The Small and Medium Enterprise Cooperatives Act provides for specific contents of refund by the articles of association. The defendant's operating rules for the management of joint wastewater treatment facilities apply preferentially to the articles of association, and the defendant pays contributions to joint wastewater treatment facilities exceptionally within the extent of remaining property upon dissolution, merger, or joint project termination under Article 27-2 of the operating rules of this case.

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