기타(금전)
1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiffs' claims corresponding to that part are all revoked.
1. The reasons for this part of the underlying facts are as stated in the corresponding part of the judgment of the court of first instance (from 4 to 14 pages 3 to 4), with the exception of the reasons for appeal as follows. Accordingly, this Court shall accept it pursuant to the main sentence of Article 420 of the Civil Procedure Act.
Article 15(2)4 of the Rules of the defendant's Union provides that "If a partner withdraws or is expelled, the contributions already paid shall be refunded at no interest rate only as prescribed by this Code, but the time of repayment shall be returned at the time when the deposits are replaced by the union member and the general purchaser, and the payment shall be made at no interest rate only when the deposits are completed."
2. In the first instance trial, the Plaintiffs sought the refund of the contributions (Plaintiff A, C, and D: KRW 72,150,000, KRW 68,000, KRW 600, KRW 68,000, KRW 68,000, and KRW 68,000) and ② Business promotion expenses ( KRW 6,60,000, respectively) paid to the Defendant at the first instance trial.
The judgment of the first instance court accepted the plaintiffs' claim for the refund of contributions (excluding part of delay damages), and dismissed the claims for the refund of business promotion expenses of plaintiffs A, C, and D.
Accordingly, the part of the judgment of the first instance court against the defendant was appealed.
The scope of this court's adjudication is limited to the plaintiffs' claims for the refund of contributions to the defendant.
3. Determination
A. According to the facts of recognition as to whether the obligation to return contributions occurred or not, the Plaintiff A, B, C, and F entered into each of the contracts in this case with the Defendant and paid the contributions to the Plaintiff and withdrawn from the Defendant, and the Plaintiff D acquired the obligation to refund contributions from F to the Defendant, and the fact that the Defendant approved the obligation to return contributions is as seen above. Thus, the Defendant, barring any special circumstance, shall pay KRW 68,00,000, and KRW 68,000,000, and KRW 68,000,000,000 paid to the Plaintiff D, respectively, pursuant to Article 15(2)4 of the Union Regulations.