(영문) 대구지방법원 2016.08.23 2015가단974

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Reasons

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(영문) 대구지방법원 2016.08.23 2015가단974

약정금

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1. The Defendant’s KRW 23,800,000 as well as the Plaintiff’s KRW 20% per annum from January 15, 2015 to September 30, 2015.

Reasons

1. Basic facts

A. The Plaintiff is a corporation established with the aim of supporting various projects necessary for the education, promotion of welfare, and promotion of rights and interests of taxi workers in Daegu District.

The defendant is a member of C.C. (hereinafter referred to as “C.”), who is engaged in taxi transport business.

B. On May 23, 2013, the Plaintiff and C Cooperatives agreed to the contributions agreement between the Plaintiff and C Cooperatives as follows:

(hereinafter referred to as the “Agreement”). This Agreement (hereinafter referred to as the “Agreement”). The purpose of this Agreement is to determine all matters related to the grant of contributions to the C Association, which is promoted by the Plaintiff for the improvement of the welfare of all taxi workers working in the Daegu City.

[Agreement on Payment of Contributions by the C Union] An agreement to contribute a total of KRW 5.3 billion for three years to establish A by title A.

[Attached Documents] The C Union shall include documents attached to this Agreement to the effect that individual members are jointly and severally guaranteed for the obligations to be borne by this Agreement.

C. The members of the C Union, including the Defendant 1, as joint and several sureties’s joint and several sureties, agreed to provide joint and several sureties with respect to the Plaintiff’s obligation to contribute to the C Union under the instant agreement, and held each extraordinary general meeting on May 2, 2013, prior to the conclusion of the instant agreement, to discuss the specific method.

The representative director of the defendant was present at each extraordinary general meeting.

In an extraordinary general meeting held on May 2, 2013, a cooperative member shall attach to the instant agreement a power of attorney stating the intent of the cooperative member's joint and several sureties in relation to the joint and several sureties of the cooperative members, and in relation to the contents of the power of attorney, the phrase "joint and several sureties liability" stated in the previous letter of attorney shall be limited to the shares allotted by the cooperative member in order to clarify the scope of the liability for joint

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