logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원서산지원 2020.05.07 2019가합50016
조합지분 환급금 청구
Text

1. The defendant,

A. The plaintiff A 169,046,514 won;

B. 126,802,086 won and each of them to Plaintiff B on April 2, 2020

Reasons

1. Facts of recognition;

A. 1) The Defendant Partnership was established on February 24, 2012 by the Defendant Partnership Corporation for the purpose of engaging in landscaping, wholesale and retail business, and planting business pursuant to Article 16 of the Act on Fostering and Supporting Agricultural and Fisheries Enterprises by Do, E, F, G, H, I, J, and Plaintiff A. (2) Plaintiff A acquired 3,800 shares out of total 30,400 shares issued at the time of incorporation of the Defendant Partnership Corporation, and around 2012, the Defendant Partnership acquired 1,114 shares out of them.

In addition, F, J and E transferred 14,742 shares of the Defendant Partnership Corporation held in around 2014, and Plaintiff B acquired 3,686 shares among them. The Plaintiffs are the shareholders and partners of the Defendant Partnership Corporation.

B. On May 13, 2013, the following agreements were concluded between D, G, H, and Plaintiff A, the representative shareholders of the Defendant partnership corporation, which entered into an agreement:

(hereinafter “instant Convention”). Article 1 Plaintiff A, D, G, and H of the Agreement are the representative shareholders of the Defendant Partnership Corporation established under the Act on Fostering and Supporting Agricultural and Fisheries Enterprises, and are executives.

Article 2 In order to achieve the purpose of Article 4 of the Articles of Incorporation, the above officers shall distribute business profits generated by joint responsibilities under Articles 33, 34 and 35, to regular members and associate members who gather and invest in cash or in kind at the end of the fiscal year, with the aim of achieving the purpose of Article 4 of the Articles of Incorporation, which are the defendant partnership foundation.

Article 3 As executive officers (including general affairs) of the Articles of Incorporation, the above executive officers shall share the duty of rights in accordance with the shares held by partnership corporations, and shall also co-own all domestic and foreign claims and liabilities, and shall also assume civil and criminal responsibility.

The provisions of Article 3 shall apply to retired officers and new officers upon changing officers.

Provided, That the retired officer shall be the time of retirement, and the new officer shall be the time of his/her appointment.

arrow