logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2016.05.31 2015가단14344
출자금반환
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On January 1, 2015, the Plaintiff and the Defendant Union agreed to receive benefits of KRW 1,500,000 per month when the Plaintiff invested KRW 30,000 in the Defendant Union and served as full-time employees from February 1, 2015.

(hereinafter “instant agreement”). (b)

On January 16, 2015, the Plaintiff paid KRW 30,000,00 to the Defendant Union in accordance with the instant agreement. On January 21, 2015, the Plaintiff received the return of KRW 10,000,000 from the Plaintiff and the Defendant Union by agreement, and received the Plaintiff’s personal information and the receipt of investment payment stating “20,000,000,000,000”. (c) On January 28, 2015, the Plaintiff received the Plaintiff’s contribution receipt stating the Plaintiff’s personal information and “10,000,000,000,000 in one investment account.”

On April 10, 2015, the Plaintiff withdrawn from the Defendant Cooperative.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 3, the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff 1) did not pay monthly wages from March 2015 in violation of the instant agreement, and the Plaintiff withdrawn from the Defendant Cooperative. Since the Defendant Cooperative promised to refund the full amount of its investment to the Plaintiff when the Plaintiff withdraws, the Defendant Cooperative is obligated to refund the said amount of its investment KRW 30,000,000 and delay damages therefor to the Plaintiff. (2) According to Article 9 of the Articles of the Defendant Cooperative’s articles of association and the practices of the Defendant Cooperative, the Plaintiff was not a regular member of the Defendant Cooperative, and was not a training employee or reserve member, and the Plaintiff paid the amount of the Plaintiff. However, the Plaintiff withdrawn from the Defendant Cooperative on April 10, 2015, before the Plaintiff becomes a regular member, the Plaintiff is obligated to pay the Plaintiff a 30,000,000 won paid by the Plaintiff for unjust enrichment and its delay damages.

B. Defendant 1’s association shall make contributions when the Plaintiff withdraws.

arrow