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(영문) 부산지방법원 2018.10.25 2018나41211
손해배상(자)
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Defendant was a cooperative corporation established on July 31, 2013 pursuant to the Framework Act on Cooperatives for the purpose of developing joint projects, creating profits, etc. for the flower industry, comprised of seven members, including the Plaintiff and the first instance trial joint Plaintiff H (hereinafter referred to as “three-party joint Plaintiff”) and the Plaintiff and the first instance trial joint Plaintiff H (hereinafter referred to as “Plaintiff”).

B. The Defendant displayed and sold fireworks or goods that the members jointly purchased at the operating store and distributed the profits therefrom to the members, while operating the store in a manner of paying separate allowances to the members who worked in the store.

C. Around June 2017, the three Plaintiff was en bloc expelled from the Defendant.

[Reasons for Recognition] Facts without dispute, purport of whole pleading

2. The parties' assertion

A. The Plaintiffs 4 members were three members from June 2016 to May 2017, 201, only three of the Plaintiff’s individual sales goods, which were directors of the Defendant’s store, were sold in bad faith. This constitutes tort against the three-party Plaintiff or nonperformance of obligations in violation of internal agreements among the members.

Since four members are the representatives or employees of the defendant, the defendant is responsible for compensating for the actual income of four members and damages for delay caused by the defendant's act.

B. Defendant 4’s members demanded three-party Plaintiff not to sell individual goods without their permission, and they did not intentionally suspend their sales against the intent of three-party Plaintiff.

3. In light of the overall purport of the pleadings, the following facts may be acknowledged in each entry of Gap's 1 to 3, 5 and Eul's 2, 10, 11-1 and 17, respectively.

① Plaintiff A’s financial director, Plaintiff B’s management president, and the first instance court.

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