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(영문) 수원지방법원 2018.05.17 2017가단510894
기타(금전)
Text

1. The Defendant’s KRW 100,000,000 as well as annual 6% from January 1, 2017 to April 19, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is an incorporated farming association for the purpose of the joint purchase of raw materials and equipment necessary for the agricultural and livestock industry, joint shipment, processing, and export of agricultural and livestock products (hereinafter “Defendant association”), and the Plaintiff is a member of the Defendant association for the purpose of having invested KRW 100 million (10,000 per unit, 1,000 per unit) to the Defendant association as a farmer.

B. Article 12(1) of the Articles of the Defendant Union’s articles of incorporation (hereinafter “instant articles of incorporation”) provides that “A partner who wishes to withdraw shall withdraw 60 days prior to the written advance notice of his/her intention to withdraw from the partnership and settle the accounts accordingly on the fiscal year concerned.” Article 26(1) of the instant articles of incorporation provides that “In the event a partner withdraws from the partnership, he/she shall make a refund in cash or in kind of investment: Provided, That in cases where an invested real estate exists, such real estate shall be refunded, and where it is difficult to make a refund in kind due to the risk of destroying the joint management organization of the partnership, the equivalent real estate or cash refund may be made upon the resolution of the general meeting.” Article 12(2) provides that “Where a partner has increased the ability of the invested land due to the joint management result, or the value of the invested land has increased due to the investment of buildings and other real estate, the amount of land equivalent thereto shall be collected from the person receiving the refund.”

C. On May 23, 2016, the content-certified mail containing the Plaintiff’s expression of intent to withdraw from the Defendant Cooperative was sent to the Defendant Cooperative and reached the Defendant Cooperative around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. In light of the determination on the cause of the claim, Article 12(1) of the instant Articles of Incorporation provides, “A member who wishes to withdraw” shall give written advance notice of his intention to withdraw 60 days to the partnership.

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