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(영문) 창원지방법원 2021.02.18 2019가단7443
분배금
Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. The Defendant is a non-corporate association established with merchants as its members in order to promote the common interest of merchants in traditional markets in Kimhae-si F (hereinafter “instant market”).

B. In the instant market, Plaintiff A was engaged in business activities from March 200 to March 2016; Plaintiff B from March 2009 to January 2016; Plaintiff C from August 2009 to May 2016; Plaintiff D, from August 2009 to May 2016; and Plaintiff D, from November 2014 to July 2016, respectively; and the Plaintiffs were the Defendant’s members during each business period.

(c)

G Co., Ltd. (hereinafter “G”) was unable to establish a shopping center store in H near the instant market. On February 23, 2012, G Co., Ltd. (hereinafter “G”) obtained approval for modification of the district unit plan regarding the said I, subject to the “mutual cooperation with the small air and air space,” from the Urban Planning Committee of Kimhae-si on February 23, 2012.

(d)

As a result, G and the Defendant drafted a mutually beneficial agreement in relation to G stores to be established in the future on November 19, 2014, which contains a mutually beneficial agreement in which G complies with business hours, holidays, sales items, marketing scope, and efforts to revitalize the business district of the instant market (hereinafter “instant mutually beneficial agreement”), and that G drafted to the Defendant around November 24, 2014, around KRW 230,000,000, and KRW 920,000,000,000 on May 31, 2016;

7. 22.1,150,000,000 won in total, and 2,300,000,000 won in total (hereinafter “the Fund”).

E. On May 30, 2017, the Defendant held an extraordinary general meeting and passed a resolution on the standards for distributing some of the funds of this case to merchants according to the merchants’ contribution ratio determined based on the merchants’ membership year and the time of the case construction work (hereinafter “the instant allocation standards”).

Distribution amount for the merchant association's membership year from 2009 to 2011 11,00,000 won from 2012 to 2013,00,000 won from 2012 to 2013,000 won from 2015 to 30, 2015 (the completion of the case construction work) from 2015 to 20,000 won.

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