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(영문) 전주지방법원 2016.04.06 2015나3597

회비반환 청구의 소

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The assertion and judgment

A. Eight persons, including the Plaintiff and the Defendant, maintained the friendship association (hereinafter “instant friendship association”) and collected membership fees. The Defendant, etc., who left the said friendship association, did not settle the membership fees even though the Plaintiff left the association. The Defendant is obligated to pay the Plaintiff the amount claimed by the Plaintiff out of the membership fees.

B. According to each of the statements in Gap evidence Nos. 2 and Eul evidence Nos. 1 and 3 (including the branch numbers), the court below acknowledged the existence of each of the plaintiff's friendships in the form of a friendship club on July 30, 1982, and the plaintiff was a member since its formation. Around the formation of the friendship club in this case, the rules of the friendship club in this case were made. The rules of the friendship club in this case contain the purport that "if the club is withdrawn, the basic amount shall not be refunded." The membership fees of the friendship in this case include the fact that "2,454,021 won as of March 10, 201, and 2,510,996 won as of March 24, 2014."

According to the above facts, the plaintiff may freely withdraw from the friendship of this case, but at the time of withdrawal, it is not possible to claim the fraternity or membership fee for the settlement of accounts, etc.

If so, the first plaintiff's assertion on the different premise is without merit to examine the first plaintiff's claim.

2. According to the conclusion, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.