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盘锦市某有机化工厂谭明问: 1994年10月1日,我市6家化工企业经协商联合成立了一个集团公司,根据合同规定,某第一化工厂为该联营体龙头,该厂投资500万元,其他各家各投资100万元,公司为法人型企业,经济上实行独立核算、自负盈亏,投资各方按照投资比例分享利润,分担风险。公司经工商局注册后正式投入运转。但在经营过程中,由于市场行情发生了变化,导致联营体亏损,对此,作为龙头企业的某第一化工厂,利用他们主持公司生产经营的有利条件,在未与联营他方协商的情况下,私自将其投入的注册资金抽回了300万元。在公司停业整顿过程中,其他董事会成员发现该厂抽回资金的情况后,便与其交涉,但该厂领导认为,由于企业经营亏损,联营之初予期的效益已无实现,因此,作为占投资总额50%的该厂理应收回自己的部分投资,并且还声称以200万元的投资额与联营他方分担亏损已经不少了。其他投资者认为该厂领导的说法没有道理,因此,决定诉诸法津,请问该厂的行为属于什么违约行为,应如何解决上述纠纷?
Tan Ming, an organic chemical plant in Panjin City: On October 1, 1994, six chemical companies in the city jointly established a group company through negotiation. According to the contract, a certain first chemical plant is the leader of the joint venture and the plant invested 5 million yuan Yuan and other companies each invested 1 million yuan. The Company is a legal person enterprise. It conducts independent accounting in the economy and is responsible for its own profits and losses. The investors share profits and share risks in accordance with the investment proportion. The company formally put into operation after registration by the Trade and Industry Bureau. However, in the course of business, as a result of changes in market conditions resulting in a loss of associates, the first chemical plant, as a leading enterprise, took advantage of their superiority in hosting the Company’s production and operation. Without consulting the other parties , Privately invested the registered capital withdrawn 3000000 yuan. During the course of business suspension and rectification, other members of the board of directors discovered that the factory had withdrawn the funds and negotiated with the factory. However, the manager of the factory believed that due to the operating loss of the company, the initial benefits of the joint venture had not been realized. Therefore, The plant, which accounts for 50% of the total amount, should recover part of its own investment, and has also claimed that it has already made a lot of its share of the loss with the other parties with an investment of 2 million yuan. Other investors think that the factory leadership is not justified, therefore, decided to resort to law, what is the factory’s behavior is a breach of contract, how to resolve the dispute?