logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2018.02.05 2016가단5404
원상회복청구등
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 70,000,000 as well as 5% per annum from June 23, 2015 to the date of full payment.

Reasons

1. Basic facts

A. On May 18, 2015, the Plaintiff and the Defendants concluded a partnership agreement with the following terms and conditions (hereinafter “instant agreement”).

(1) The combined total of 900 units of investment (total investment amount of 9,000,000) and 150 units of investment (total investment amount of 1,500,000) of E, from among investors in Defendant B-Corporation (hereinafter referred to as “Defendant Association”) who have obtained permission for five hectares from Jeju-do, shall be traded under an agreement of 20,000,000 won.

(2) The purpose of this Agreement is to operate the above 1,050 Guideideideideideideideide to the Defendant Cooperative by means of a fishery license F granted from Jeju-do.

③ The Defendants in the future may preferentially create a (tentative)G sales corporation in addition to the Defendant Cooperatives, so that the Defendant Cooperatives may sell wholesale to the said new corporation as a conditionless wholesale and sell wholesale to the said new corporation.

④ The Plaintiff shall preferentially deposit KRW 20,000,000 with the payment of the loan, and shall invest KRW 50,000,000 at the time of the incorporation of a new corporation and KRW 30,000,000 as its operating expenses.

B. Pursuant to the instant contract, the Plaintiff transferred KRW 20,000,000 to each Defendant Cooperative on May 18, 2015, and KRW 20,000,000 on June 1, 2015, and KRW 30,000,00 on June 23, 2015.

C. Meanwhile, on May 20, 2015, the Defendant Union held a temporary association general meeting (hereinafter “instant general meeting”) and resolved that D and E withdraw from the association, and that the Plaintiff and H join the association.

However, the auditor of the defendant union filed a lawsuit against the defendant union to confirm the existence of the general assembly of this case, and the appellate court of the above court (Seoul High Court 2016Na464) declared that the general assembly of this case was null and void on April 26, 2017, and the above judgment was finalized on May 16, 2017.

2. According to the above facts of determination as to the cause of the claim, the defendants should join the plaintiff as a member of the defendant's association for the implementation of the contract of this case, and the defendants are not normal.

arrow