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(영문) 서울동부지방법원 2018.07.13 2017나4555

미납회비

Text

1. Of the judgment of the court of first instance, KRW 1,601,00 against the Plaintiff regarding the Defendant and its related amount, from May 11, 2017 to July 13, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff Association is a legal entity established pursuant to Article 48 of the Trucking Transport Business Act for the development of trucking transport business and the common interest of the business entity. The Defendant, as the owner of the truck, joined the Plaintiff Association on September 2, 1999 and registered as the trucking transport business operator on September 30, 199.

Article 8 (Qualifications of Members) (1) Any person who has obtained a license (registration, license) for the freight trucking services may join the Association, and shall be a member from the date of joining the Association.

(2) A person who transfers or discontinues a business shall lose the membership from the date of such transfer or discontinuance.

Article 10 (Obligations of Members, etc.) Members shall faithfully perform the following obligations:

1. Compliance with the articles of association and resolution;

2. Inquiries, inquiries, or answers to inquiries by the Shee;

3. Contribution to the business fund;

4. Funds and welfare membership fees for the welfare services for social welfare and members;

5. Payment of the following charges to achieve the purpose under Article 1 and to foster sound associations:

(a) The association expenses imposed each month for vehicles;

(b)To contribute special membership fees or special membership fees imposed by a new registrant upon him/her when he/she joins the Association;

(c) Contribution to special charges to be paid for each additional vehicle when the enterprise (including new ones) receives an increase in the number of vehicles;

(d) Fees, etc. for performing duties, such as entrusted duties;

6. Implementation of instructions given by Acts and subordinate statutes or competent authorities;

B. The main contents of the articles of incorporation of the Plaintiff Association are as follows.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. Determination on the claim of the Plaintiff Association

A. The gist of the cause of the claim is that the Defendant did not pay the Plaintiff’s Association the sum of KRW 1,396,000, welfare expenses, KRW 204,000, KRW 102,80, and KRW 1,703,80, and KRW 1,703,00, from May 1, 200 to April 30, 2017, since the Defendant joined the Plaintiff Association. As such, the Defendant did not pay the said money to the Plaintiff Association.