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(영문) 광주지방법원 2016.06.01 2016가단501175
매매대금
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. Basic facts

A. The Plaintiff is a cooperative established pursuant to the Small and Medium Enterprise Cooperatives Act for the purpose of promoting the sound development of wholesale and retail business dealing with industrial products and the promotion of mutual welfare among its members. The Defendants invested one unit in each of the two parts of the members, Defendant B, C, and E invested in the Plaintiff before January 10, 200, respectively, and Defendant D invested one unit.

(hereinafter referred to as "first member" and "second member" of a member who invested before January 10, 200.

After the Plaintiff newly constructed the Seo-gu F shopping mall (hereinafter “instant shopping mall”), 107/207, 107/207, 109,500,000, 15, 124/224, and 89,500,000, 124/24 of the said shopping mall, and 209,500, 103/203 and 104/204 of the above shopping mall respectively, to Defendant C, 10, 110/210 of the above shopping mall (hereinafter “instant shopping mall”) and 109,50,000, 101/201, 109,500, 100, 104/200, 100, 1009, 2009, 205, 1005, 2005, 2005, respectively.

C. On July 21, 2001, the Plaintiff held a general meeting of partners (hereinafter “general meeting of July 21, 2001”) and received 7,000,000 won per commercial building from its members as additional charges. However, the Plaintiff decided to pay to its members who paid the said money the interest on loans or the amount equivalent to the interest on the loans. Since then, the Plaintiff held a 13th general meeting of partners on April 9, 2005 (hereinafter “general meeting of April 9, 2005”) and decided to determine the settlement amount per commercial building on the discount of the instant commercial building as KRW 10,00,000,000, and the additional charges already paid by its members shall be substituted for the payment of the settlement amount.

E. Meanwhile, in the articles of incorporation of the Plaintiff Union, a person engaged in the same type of business or related type of business within the business territory of the Plaintiff Union is qualified as a member, and the said member's qualification shall be each fiscal year.

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