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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of premise;
A. The Plaintiff is a cooperative established under the Small and Medium Enterprise Cooperatives Act; Defendant B, D, and E are one unit; Defendant C is a member of the Plaintiff who invested two units.
B. After constructing a G business facility complex in Seo-gu, Seo-gu, Gwangju, the Plaintiff sold to Defendant B the amount discounted by 15,000,000 won per commercial building from each basic sale price of heading 13 to 126/26, 19 to 104/204 and 19 to 123/23, 10 to D, 10 to 129/229, and 132/232 to Defendant E.
C. Article 19 of the articles of association of a cooperative provides for the refund and suspension of a withdrawingr’s share as follows:
1) Upon the request of the withdrawing partner, the partnership shall refund the full amount of shares calculated by the partnership's property at the end of the business year preceding the year in which the withdrawal is made. 2) If the partner's property cannot fully repay the partnership's obligations, the withdrawing partner shall bear the loss within the scope of the amount of such
3) If a withdrawing partner has the obligation to pay to the cooperative, the refund of shares under paragraph 1 may be suspended. 4) The right to claim a refund of shares shall lapse by prescription if it is not exercised for 2 years from the date of withdrawal.
[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Eul evidence 10, Eul evidence, Eul evidence 19, Eul evidence, Eul evidence 3, the purport of the whole pleadings
2. The Defendants asserted by the Plaintiff were classified as quasi-members by neglecting the duty to prove the membership’s qualification by submitting a business registration certificate to the Plaintiff’s business registration certificate. Since the Plaintiff’s meeting held on November 8, 2013, passed a resolution to confirm the Defendants as the withdrawing partner at the board of directors of the Plaintiff’s association, the Defendants withdrawn from the Plaintiff’s association as of November 5, 2013.
The Defendants are obligated to pay the loss contribution if they suffer losses to a union at the end of the previous year that was withdrawn in accordance with the articles of association. Thus, the Defendants are partly 46,536,406 of each loss contribution distributed in proportion to the amount of the union obligations at the end of the year 2012.