약정금
1. The plaintiff's main claim is dismissed.
2. The defendant shall pay to the plaintiff KRW 65,848,486 and KRW 47,200,486 among them.
1. The assertion and judgment as to the main claim
A. The Defendant allegedly and implicitly agreed to pay membership fees under the name of the organization, and the Plaintiff allocated annual fees of KRW 150 million to the Defendant at the ordinary general meeting of 2013. As such, the Defendant was liable to pay the annual fees to the Plaintiff. Such annual fees are also identical to the year 2014, following the Plaintiff’s annual fees, unless the Plaintiff newly set new annual fees.
Therefore, the defendant is obligated to pay the unpaid annual fee of 78,432,009 won out of the above annual fee of 150,000 won.
B. According to the statements in Gap evidence Nos. 1 and 4, Article 5 of the plaintiff's articles of association provides that "this meeting member shall be the head of the child-care center and the representative of the child-care center provided for in Article 10 of the Infant Care Act," and Article 6 provides that "the membership fees shall be determined by the general meeting. If the collected membership fees are not paid to the superior agency for at least two months, the local qualification rights shall be automatically suspended." Article 18 provides that "The general meeting shall decide matters delegated by the general meeting," and Article 22 provides that "Article 26 provides that "the board of directors shall deliberate and decide matters delegated by the general meeting," and Article 41 of the Enforcement Rule of the Infant Care Act provides that "The Article 6 of the plaintiff's operating rules shall be the representative of the child-care center and the head of the child-care center provided for in Article 10 of the Infant Care Act," and Article 6 provides that "the central association of each member shall pay membership fees by the GO system."
Each subcommittee to be paid as an organization shall report the name of the facility along with the time of payment after collecting membership fees.
If each subcommittee paid as an organization is delinquent for at least two months after collecting membership fees from each subcommittee, local qualifications shall be automatically met.