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(영문) 울산지방법원 2020.01.08 2019가합13427

분담금반환

Text

1. The Defendant: 36,00,000 won to Plaintiff A; 44,00,000 won to Plaintiff B; 32,000,000 won to Plaintiff C; and 32,000 won to Plaintiff D.

Reasons

1. Basic facts

A. The Plaintiffs entered into a contract with the Defendant Association Promotion Committee (hereinafter referred to as the “Defendant Association Promotion Committee”) to join the Defendant Association (hereinafter referred to as “each of the instant agreements to join the Defendant Association”) as of the date indicated below’s subscription date, and paid the money indicated “payment” in the same Table to the Defendant Promotion Committee.

A. 46,00,000 on July 30, 2014. B on April 18, 2019; B; 4,000 on August 19, 2014; C. 42,00,00 on August 6, 2014; 42,00 on September 21, 2016; 40. 0. 42,00 on July 30, 200 on July 30, 200, 200 on May 30, 2014; 40. 42,00 on July 30, 200, 200 on May 40, 200; 19, 200 on October 4, 2018;

The defendant promotion committee was established on April 3, 2015 with the authorization of establishment of the defendant.

C. The contents of the Defendant Association’s bylaws pertaining to this case are as follows.

Article 12 (Withdrawal, Disqualification, and Expulsion of Members) (2) A person who fails to meet the requirements for membership prescribed by relevant Acts and subordinate statutes and by this Code shall automatically lose his/her eligibility for membership.

(4) A person who loses the status of a member due to withdrawal, loss of membership, expulsion, etc. shall be paid the balance remaining after deducting the amount paid as promotion expenses from the amount paid by the member paid out by the member within 30 days from the date of a claim for refund, but a joint contribution to be deducted and the time of refund may

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 3 (including each number), the purport of the whole pleadings

2. The plaintiffs' assertion

A. At the time of entering into each of the instant agreements to join the association, the employees of the Defendant Promotion Committee for the sales agency at the time of cancelling each of the instant agreements to join the association by fraud shall be the Plaintiffs.