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(영문) 서울서부지방법원 2015.09.10 2014가합38289
부당이득금
Text

1. The plaintiffs' primary claims against the defendants are all dismissed.

2. Defendant E-cooperatives each of the plaintiffs.

Reasons

1. Facts of recognition;

A. On June 12, 2014, the Plaintiffs are those operating H agency, and Defendant E Cooperatives (hereinafter “Defendant E Cooperatives”) was established for the purpose of promoting the welfare of its members, promoting mutual assistance among its members, and jointly purchasing goods necessary for its members. Defendant F and G are those operating H agency, and Defendant F were the president of the Defendant Association until September 30, 2014, and Defendant G was the director of the Defendant Union.

B. The Plaintiffs deposited KRW 30 million in the bank account in the name of Defendant G, designated by Defendant F, with the statement that Defendant F would have to pay the purchase fee, along with Defendant F’s filing of a lawsuit for the establishment of the Defendant Union’s establishment plan and solicitation for joining the association.

C. After completing the registration of incorporation on June 12, 2014, the Defendant Union issued each member’s certificates and receipts of investment worth KRW 30 million in the future of the Plaintiffs on June 24, 2014.

On July 22, 2004, the Plaintiffs visited the Defendant Union and agreed to withdraw from the Defendant Union while meeting it with Defendant F. On August 28, 2014, the Plaintiffs sent a document stating that the Defendant Union would request the return of the contribution under the title “case of requesting the return of the contribution” to the president of the Defendant Union.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2, 4, and 5 (including a serial number; hereinafter the same shall apply), plaintiff C's newspaper result, the purport of the whole pleadings

2. The plaintiffs' assertion

A. The Plaintiffs are expected to have up to 60 members with respect to the Defendant Union from Defendant F before the establishment of the Defendant Union: (a) the number of members is anticipated to be 60; (b) the previous H production is conducted with the previous H production company; (c) the original production is conducted with the previous H; (d) the order and production method that was conducted with the previous H is identical; and (e) the ex-factory price is supplied at a level below 40% compared to H (1 to 100,000 won per one punishment); and (vi) the advertising model is designed to maximize the brand image by putting I, and (7) the time of joining the Union.

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