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(영문) 대구지방법원포항지원 2019.11.21 2018가단102346
투자금반환 청구의 소
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 700,000 to the Plaintiff (Counterclaim Defendant) for KRW 700,000 from March 24, 2018 to November 21, 2019.

Reasons

1. Facts of recognition;

A. The parties’ relationship 1) The Defendant was established on July 19, 2016 for the purpose of collective cultivation and joint miscellaneous business. 2) The Defendant’s members are five (Plaintiff CDF) and the said five (5) were all appointed as directors. The said five (5) investments are the same as KRW 33 million.

3) On March 24, 2018, the defendant dismissed the plaintiff from office as a director and removed the plaintiff from office. Article 10 (Rights) ① The rights of the members of the association are as follows: 2. Article 12 (Withdrawal) (1) of the Act on Claim for Refund of Equity Interest: (2) The members or associate members who wish to withdraw from the association shall withdraw from the association by giving written notice of their intention of withdrawal 60 days in advance to the partnership; and all subsequent accounts shall be made at the end of the pertinent fiscal year. (2) The members or associate members shall withdraw from the association nature at the time any cause falling under any of the following subparagraphs occurs. (5) The expulsion may be made by a resolution of the general meeting if a member falls under any of the following subparagraphs. The contribution of the association to the association may be made at the rate of 10/100 or more of the total amount of capital stock reserves of the association (the amount of capital stock reserve of the association and the Association in kind).

1. Assets revaluation marginal profit;

3. Marginal profits from acquired property;

4. Goods and cash donated from outside;

5. National subsidies, etc.;

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