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(영문) 춘천지방법원강릉지원 2016.06.28 2015가합444
보상금
Text

1. The plaintiff (appointed party)'s claim is all dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. The defendant fishing village fraternity, a non-corporate company company, is the fishing village fraternity under the control of the Kuduk Fisheries Cooperatives, which is established with the members of the three fishing village fraternity as the fishery area.

B. As the D General Industrial Complex Plan was approved on December 31, 2010, the construction work of the power plant was carried out in one unit of the fishery area of the Defendant fishing village fraternity, and the Defendant fishing village fraternity was entitled to receive compensation for the damage incurred by the fishery business.

C. On July 15, 2014, the Plaintiff and the designated parties were the persons who were the members of the Defendant fishing village fraternity, and were expelled from the Defendant fishing village fraternity by the resolution of the Defendant fishing village fraternity, and the Plaintiff and some designated parties filed a lawsuit seeking nullification of the said resolution, but the judgment of losing the Plaintiff was finalized except for the Plaintiff.

On the other hand, on December 28, 2015, the Plaintiff was expelled by a resolution of the Defendant fishing village fraternity.

【Ground of recognition】 The facts without dispute, Gap’s evidence 1, Eul’s evidence 2-1, 2, Eul’s evidence 1, 2, and 3 (including provisional number), the purport of the whole pleadings

2. Determination as to the cause of action

A. On December 5, 2013, prior to the expulsion of the Plaintiff and the designated parties in the Defendant fishing village fraternity, the Plaintiff’s Claimant E received a notice from the Defendant’s fishing village fraternity that “the Defendant fishing village fraternity would pay compensation regardless of the expulsion.” This can be deemed that the Defendant fishing village fraternity made an agreement to pay compensation to the Plaintiff and the designated parties expelled from the fishing village fraternity. The said agreement is based on the resolution of the general meeting of the Defendant fishing village fraternity, and pursuant to the said agreement, the Defendant fishing village fraternity is obligated to pay KRW 150,000,000 to the Plaintiff and the designated parties expelled thereafter.

B. According to the evidence No. 3 of the judgment No. 1, the court below erred by misapprehending the legal principles as to the title of “B fishing village fraternity No. 3” in the upper part of the document that the appointed party E received from the Defendant fishing village fraternity.

The compensation in the coast paid at the South-North Korean power plant is expulsion.

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