기타(금전)
1. The part of the judgment of the first instance against the Plaintiff, which orders payment under the following, shall be revoked.
The defendant.
1. The reasons why this Court shall explain this part of the facts of recognition are the same as the corresponding part of the judgment of the court of first instance (1. recognized facts). Thus, this part is cited by the main sentence of Article 420 of the Civil Procedure Act.
2. Determination as to the cause of claim
A. According to the facts of recognition of the obligation to return a refund, the Plaintiff, upon entering into the instant association membership agreement with the Defendant and paying the cooperative contribution, lost membership for reasons of disqualification for the requirements of the householder.
Therefore, the defendant is obligated to pay the remaining amount after deducting the promotion expenses from the plaintiff's paid-in payment according to the defendant's association regulations.
B. Article 12(4) of the Rules of this case provides that the Plaintiff shall settle and pay the balance calculated by deducting the amount paid from the amount paid by the union members as the project promotion cost from the total amount paid by the union members to the person who lost the status of union members due to withdrawal, loss of union membership, expulsion, etc., as the Plaintiff lost the status of the Defendant’s union member after the amendment to the Rules of this case (hereinafter “amended Rules”). Thus, the amendment of the Rules of this case remains effective against the Plaintiff.
2) In the case of a juristic act to which an additional officer attached, if it is reasonable to deem that a failure to perform the obligation would have occurred if the facts indicated in the additional officer do not occur, it should be viewed as a condition, and if it is reasonable to deem that a failure to perform the obligation not only when the indicated facts have occurred but also when the objection has become final and conclusive, it should be deemed that the existence of the indicated facts has been fixed
Therefore, if certain facts are attached to the repayment of the obligation already borne, it is deferred unless there is a special reason, and it does not occur as well as when the fact occurs.