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(영문) 청주지방법원 2018.02.20 2017가단102235

기타(금전)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 4, 190, the Plaintiff got an improvement order from the Minister of Construction and Transportation due to a rapid increase in the accident rate of trucking vehicles belonging to each member of the Korea Trucking Mutual Aid Association, such as large-scale accidents, damages, rapid increase in the amount of compensation, increase in deductible vehicles, etc. Accordingly, on July 20, 190, the Plaintiff issued a detailed guidelines for implementing an improvement order for mutual aid projects based on financial difficulties at each of the above branches of the Mutual Aid Association without the resolution of the General Assembly on July 20, 1990. The Plaintiff collected additional contributions from each member of the Mutual Aid Association on a lump sum basis, regardless of the existence and difference in the amount of additional contributions, and if the amount collected does not exceed the amount of liability for payment each vehicle, the amount of liability for payment shall be offset and treated by the amount of liability for payment, and if additional contributions collected in a lump sum or exceeds the amount of obligation for payment, it shall be refunded when the financial status of the Mutual Aid Association is normal under special

B. Accordingly, on August 3, 1990, the North Korean Trucking Mutual Aid Association notified a company that is a member of the Association of the imposition and collection of the contribution, and the B Co., Ltd. (hereinafter “Co., Ltd.”) paid KRW 60,000,000 from September 1990 to August 1995, respectively.

C. In around 2001, C filed a lawsuit against the Plaintiff claiming the full refund of the additional contributions (Cheongju District Court 2001Kadan10502 case). Accordingly, the Plaintiff Council shall refund the full amount of the additional contributions to the members of the Haju branch of the Korea Trucking Mutual Aid Association in favor of C in the lawsuit above, and if C loses, it shall not do so, but it shall be guaranteed that the said lawsuit might be prolonged.