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(영문) 의정부지방법원 2014.12.10 2014가합6074
대여금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant was a cooperative established to promote a market improvement project (hereinafter “instant project”) pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) and the Special Act on the Development of Traditional Markets and Shopping Districts (hereinafter “ Traditional Markets Act”) with respect to B markets in Guri-si, which completed the registration of incorporation on July 10, 2006 with the authorization of establishment from the Guri-si mayor on June 30, 2006, and the Plaintiff was the head of the Defendant cooperative until September 29, 2010.

B. On December 16, 2008, the Defendant Union passed a resolution to approve the borrowing of funds for the implementation of the instant project at the board of directors meeting.

(c) Of the Traditional Markets Act, the Urban Improvement Act, and the code of association of a defendant cooperative, the contents relating to this case are as follows:

(1) The provisions concerning urban environment rearrangement projects in the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents shall apply mutatis mutandis to matters not provided for in this Act concerning market improvement projects, and the relevant provisions of the same Act and the Act on the Ownership and Management of Condominium Buildings shall apply mutatis mutandis to other matters, respectively.

Article 24 (Convening of General Meeting and Matters to be Resolved) (3) The following matters shall undergo a resolution at a general meeting:

2. Borrowing of funds and the method thereof, interest rate, and the following matters under Article 18 (Matters to be Resolved by General Meeting of Shareholders)

1. (Financial Resources) Matters concerning changes in rights and obligations of partners and the amendment and repeal of the bylaws, and the operation of the partnership and the implementation of the project thereof, shall be raised as follows:

(1) Housing sites and buildings invested by members in kind. (2) Any dues or charges paid by members. (5) No dispute over loans raised by associations or constructors, execution agents (based on recognition), Gap's 1, 9, and 24, Eul's 1, and the purport of the whole pleadings.

2. Judgment on the Plaintiff’s assertion

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