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1. The defendant,
A. The claim amount and the quoted amount by the plaintiff A, B, C, D, E, F, G, H, I, J, K, L, M, and N.
Reasons
1. Basic facts
A. The Defendant, as an automobile management business entity organization established under Article 67 of the Automobile Management Act, is a member of the automobile maintenance business entity registered with the competent authority. The Plaintiffs are members of AD affiliated with the Defendant, PlaintiffO was revoked from the competent authority in December 2012, Plaintiff AB, and AC, respectively, and the rest of the Plaintiffs were withdrawn from January 2013.
B. Of the articles of incorporation and operational regulations applicable to the defendant and his affiliated AD, the parts relating to this case are as follows:
▣ 정관 제14조 [조합원의 자격상실] ① 조합원이 다음 각 호의 1에 해당할 때에는 그 자격을 상실한다.
1. Where he/she receives a disposition for expulsion;
2. Where he has reported the closure of his business to the competent authority; and
3. When the cooperative withdraws;
4. Where the registration of the automobile management business is revoked by the competent authority. (2) In the event that the membership is disqualified under paragraph (1), the amount paid in the nature of the fund that has already been paid shall be settled by operating the association and the amount unpaid, etc., and one-half of the members shall be refunded based on the monthly settlement of accounts in the corresponding year.
Provided, That paragraph (1) 1 shall be excluded.
▣ 운영규정 제31조[조합비 등의 수납] ① 조합이 총회에서 정한 조합비를 원활하게 수납하기 위하여 지회에서 조합원으로부터 수납하고 지회분을 제외한 조합분을 조합에 납부한다.
C. AD affiliated with the Defendant collected 33,000 won per month, which is the amount raised from May 2012 at the association expense from its members, and paid 14,000 won among them to the Defendant, and the remainder was used in the operation of AD.
In the case of AD under the defendant-affiliated, capital surplus of 134,283,163, and 124 members as of the end of December 2012; capital surplus of 131,781,063 as of the end of January 2013; capital surplus of 131,781,063, and 123 members; capital surplus of 106,909,945, as of the end of February 2013.