logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2018.06.27 2017가단13143
부당이득금반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The following facts are acknowledged to the effect that there is no dispute or the entire pleadings, in addition to each macro- documentary evidence.

The F Cooperatives (hereinafter referred to as the "F Cooperatives") was organized by 51 members from among merchants in the H market in Ulsan-gu, Ulsan-gu, Seoul-gu with a view to promoting the sound development of shopping districts in the G G G market and promoting mutual welfare among its members.

F Cooperatives completed the registration of incorporation on May 12, 2003 with the authorization of establishment from Ulsan Metropolitan City on May 3, 2003.

[A] 1, B 34] The representative of the Plaintiff Corporation I served as the president of the F Cooperatives from February 24, 2003 to February 23, 2007.

[B] On December 22, 2006, F Cooperatives received KRW 120 million from ESS Development Co., Ltd. (hereinafter referred to as the “Non-Party Company”) in preparation for home-fluor shop occupants in the vicinity of the H market, under the name of the market development fund for H market merchants, and all of them agreed to receive a remittance from a community credit cooperative bank (Account Number: J. and the passbook of this case; hereinafter referred to as the “the passbook of this case”).

[A] On February 24, 2007, at the ordinary meeting of the F Cooperatives held on February 24, 2007, Defendant D was elected as the new president of the F Cooperatives.

[5] Defendant D, as the representative of FF cooperative, asserts that he received KRW 75 million from the non-party company on February 28, 2007, and ② KRW 45 million on August 25, 2008, respectively.

[See [See the legal brief dated May 21, 2008, 31] Provided, That there is no details directly deposited in the passbook of this case.

[A] 14] On the other hand, the representative of the Plaintiff corporation recognized the fact that the amount of KRW 72 million, out of the amount paid by the non-party corporation to Defendant D, was used as the repayment of the loan, etc. while I operated the F Cooperatives.

On March 26, 2010, the F Cooperatives dissolved with the resolution of the general meeting of the members of the Association, and Defendant D was appointed as a liquidator.

[A] Meanwhile, Defendant D establishes the K Merchants' Association on August 26, 2010 as its representative.

arrow