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(영문) 서울중앙지방법원 2017.12.12 2017가단5082570

약정금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. Around September 10, 2007, the “D Market Merchants’ Association” composed of merchants in the Jung-gu Seoul Metropolitan Government Building (hereinafter “instant commercial building”) was registered in the Seoul Jung-gu Seoul Central District Office under Article 65 of the Special Act on the Development of Traditional Markets and Shopping Districts, and around April 2008, E was designated as the market manager of the instant commercial building pursuant to Article 67 of the same Act.

B. In addition to the "D Market Merchants' Association", merchants' associations are voluntarily organized on each floor. The plaintiff is an organization established by enacting the rules after the general assembly on April 20, 198 and selecting the president and executive officers.

C. The Plaintiff is imposing and collecting operating expenses, etc. on the members to carry out affairs for the convenience of the members, such as self-trademark management, mail management, opening and closing of commercial buildings, management of store entry and departure points, management of exclusive use areas, management of convenience facilities, public relations for revitalization of commercial buildings, and to promote the development of commercial buildings, separate from management expenses imposed and collected by E, which are imposed by merchants, including cleaning for common areas of the instant commercial buildings.

The parts related to the instant case among the Plaintiff’s bylaws (hereinafter “instant bylaws”) are as follows.

Article 3 (Qualifications of Members) The members of the Meeting shall be persons who conduct business operations in F and shall have the qualifications of members after the approval of the Steering Committee after completing the regular results of the Meeting A.

Article 5 (Obligations of Members) In order to promote the development and revitalization of commercial buildings, members of the meeting shall have the duty to comply with and implement the following matters:

(1) A member is a resolution to promote the development of commercial buildings, as well as all matters resolved by the plenary session and the Operating Committee.