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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. Basic facts
A. Defendant B cooperative (hereinafter “Defendant B cooperative”) is a cooperative established on April 29, 2015 for the purpose of running door-to-door businesses in apartment buildings. The Plaintiff was working as the president of the Defendant Cooperatives from the time of the establishment of the Defendant Cooperatives to March 21, 2016. Defendant C is working as the president of the Defendant Cooperatives from April 4, 2016 to that of the Defendant Cooperatives.
B. On April 4, 2016, the Defendant Cooperative held an extraordinary general meeting. In the foregoing extraordinary general meeting, the Plaintiff elected Defendant C as a new president on the ground that the Plaintiff resigned on March 21, 2016. A resolution was adopted to return KRW 3 million to the Plaintiff, taking into account the Plaintiff’s investment in KRW 5 million, among the Plaintiff’s withdrawal of the Defendant Cooperative.
C. On April 25, 2016, Defendant C issued a letter that the return of the said investment amounting to KRW 3 million by January 10, 2017, respectively.
2. Determination
A. 1) The interpretation of a declaration of intent as to the cause of a claim clearly establishes the objective meaning that the parties have given to the act of expressing the intent. In a case where the parties to a contract prepares in writing a disposal document, the content of any contract shall not be cited in the written statement, but shall reasonably interpret the objective meaning that the parties have given to the act of expressing the intent according to the content of the written statement, regardless of the parties’ internal intent. In such a case, if the objective meaning of the text is clear, barring any special circumstance, the existence and content of the declaration of intent shall be recognized (see, e.g., Supreme Court Decisions 2009Da92487, May 13, 2010; 2012Da4471, Nov. 29, 2012). According to the above facts of recognition, the Defendants shall jointly and severally adopt a resolution of an extraordinary general meeting and each of the above written statements to the Plaintiff on February 29, 2017, along with a copy of the complaint of this case.