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(영문) 창원지방법원 2015.07.23 2015나31012

지부운영비반환 청구의 소

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1. All appeals by the plaintiffs and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the oral argument as to the facts alleged in Gap's evidence Nos. 1, 2, 3, 12, 14, and 15, Eul evidence Nos. 7, and the fact inquiry with respect to the Mayor/Do Governor of the first instance court.

Plaintiff

A From 190, since 1990, Plaintiff B had been registered as a personal entrepreneur from 1996, Plaintiff C had been registered as “D” from 1998 and engaged in taxi transport business. The Defendant consists of the number of licenses and registrations as of November 30, 201 as an industrial cooperative established with personal taxi transport business entities located in the business area in the Gyeongnam-do pursuant to Article 53 of the Passenger Transport Service Act as of November 30, 2014.

The Gyeongnam Private Passenger Taxi Transportation Business Association E-si Branch (hereinafter referred to as the "E branch") has been conducting delegated affairs and profit-making business of the defendant as one of the defendant's subordinate organizations, and as of November 30, 2014, the branch members are 385 persons.

B. On May 15, 2012, Plaintiff C(F) submitted to the head of E branch office E on May 25, 2012 a letter of withdrawal from the branch office E as of May 25, 2012, and Plaintiff B(G) submitted the letter of withdrawal from the branch office to the head of each E branch office on May 16, 2012, and Plaintiff A(H) on May 18, 2012.

C. From June 2012 to May 2013, the Plaintiffs directly paid to the Defendant the cooperative fees, including the expenses for the branch offices from June 2012 to May 2013. The Defendant drafted a receipt on January 23, 2013.

On April 14, 2014, Plaintiff A paid KRW 158,000 directly to the Defendant from June 14, 2013 to March 2014. Plaintiff B paid KRW 120,000 for union expenses (including union operation expenses) from June 2013 to November 2013. Plaintiff C paid KRW 140,000 to the Defendant on December 27, 2013.

2. Determination as to the claim for repayment of operating expenses of the branch office

A. The Plaintiffs asserted 1 Plaintiffs are members of the branch office in accordance with the resolution of the Steering Committee on August 12, 201, by the E branch office’s proposal.