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(영문) 대전지방법원 홍성지원 2017.02.09 2015가합1465
차입금반환
Text

1. The Defendant’s KRW 112,398,166 to the Plaintiff, as well as 5% per annum from September 26, 2015 to February 9, 2017.

Reasons

1. Basic facts

A. The Defendant Union is a trade union consisting of members of the D Workers’ Union (hereinafter “D Workers’ Union”) established with workers in the field of C in the area of Chungcheongnam-west, west-west, including Boan-si around June 1, 2013 and E Workers’ Union formed by integrating D Workers’ Union. The Plaintiff is the chairperson of D Workers’ Union from January 2, 2012 to June 2013, and the Plaintiff was a person who served as the chairperson of the Defendant Union from June 18, 2013 to November 2015.

B. 1) The Plaintiff is the FF Trade Union (hereinafter “NF”)

(2) On September 4, 2013, the Plaintiff filed a lawsuit against the non-party cooperative seeking reimbursement of KRW 128,293,074, out of the money it contributed to the non-party cooperative under 2013 Gohap1478. 2) Thereafter, on January 7, 2014, between the Plaintiff, the Defendant cooperative, and the non-party cooperative, the statement of understanding (hereinafter “instant statement of understanding”) was prepared as follows. The Plaintiff withdrawn the said lawsuit on February 4, 2014 in accordance with the instant statement of understanding, and received KRW 40 million from the non-party cooperative.

The plaintiff shall revoke his/her claim against the return claim (the provisional seizure of loans 2013Gahap1478) on the amount invested for the development of unions.

A loan of KRW 40 million shall be paid first out of the total amount after the claim is revoked, and the remaining amount shall be transferred to the non-party partnership, and in principle, all members of the G company and all non-party unions in each field shall be admitted to the defendant partnership.

C. 1) On June 13, 2014, the Defendant Cooperative Association’s executives meeting (hereinafter “instant 1 executive meeting”) consisting of nine members, including the chairperson, the vice chairperson H, I, the secretary general, J, the auditor K, L, the organization director M, the guidance members N, and the deputy headO of the Safety Association.

A. The defendant union borrowed 175,352,180 won from the plaintiff from November 14, 201 and the non-party union borrowed from the plaintiff.

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