가지급채권반환
1. On December 31, 2016, the Defendants are jointly and severally liable to the Plaintiff (Counterclaim Defendant) for KRW 133,366,00,00 and the same.
1. The Korean Trucking Mutual Aid Association is an affiliated organization of the Plaintiff and the Defendant Company is a member of the Association.
The accident rate of each member's truck belonging to the above mutual aid association has increased rapidly, and the deficit of the mutual aid association has been accumulated due to the occurrence of large accidents, the rapid increase in damages, the increase in deductible vehicles, etc., and the plaintiff was ordered to improve business management on July 4, 1990 by the Minister
Accordingly, without the resolution of the general meeting on July 20, 190, the plaintiff issued the detailed guidelines for implementing an improvement order for mutual aid projects based on the financial difficulties of the mutual aid association at each of the above branches, regardless of the existence and amount of the liability to pay additional contributions, and where the amount collected in the lump sum does not exceed the amount of the liability to pay additional contributions by vehicle, the amount of the liability to pay additional contributions shall be offset by the amount of the liability to pay, and where the amount collected in the lump sum does not exceed the amount of the liability to pay the additional contributions, the additional contributions collected in the lump sum shall be refunded when the financial status of the mutual aid association is normalized as special charges for vehicles without the liability to pay additional contributions,
Accordingly, on July 31, 1990, the Chungcheong Branch held an operating committee and decided to collect additional contributions for 27,000 won per month for the vehicles of the Chungcheong Branch. On August 3, 1990, the Defendant Company notified the Defendant Company as a member of the imposition and collection of contributions. Accordingly, the Defendant Company paid KRW 140 million from September 1990 to August 1995.
The Plaintiff shall refund to the members of the Chungcheong Branch of the said Mutual Aid Association, the portion of the additional contributions paid as special dues, and the other additional contributions shall be offset against the amount of the liability for payment and shall not be refunded.
The above mutual aid association shall be comprised of members of the Chungcheong Branch Co., Ltd.