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(영문) 서울중앙지방법원 2013.12.19 2012나54385
분담금연체이자반환
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. The court's explanation on this part of the basic facts is based on the reasoning of the judgment of the court of first instance, which is the same as that of the corresponding part of the reasoning of the judgment of the court of first instance.

2. The Defendant asserts that the lawsuit of this case seeking overdue interest return, even though the Plaintiff’s obligation to pay the overdue interest was delayed and the Defendant paid it to the Plaintiff, it is against the good faith principle, and that it entails sacrifice of the Defendant’s members, and that it is unlawful that there is no benefit in protecting the rights, as it is against the good faith principle, and there is no benefit in protecting the rights.

However, the evidence presented by the Defendant alone brought the instant lawsuit with the intention of causing pain to the Defendant solely without any benefit to the Plaintiff.

It is insufficient to recognize the circumstances such as granting certain faith to the Defendant, and such circumstance goes against the good faith principle only on the grounds as alleged by the Defendant.

Since it is difficult to see that there is no benefit in the protection of rights, the above assertion cannot be accepted.

3. Judgment on the grounds of claim

A. The plaintiff asserted that the plaintiff paid the overdue interest on the original member's contributions to the defendant, but the amount of the contribution to the plaintiff was reduced due to the change of the management and disposal plan, and therefore, 36,284,950 won corresponding to the difference between the overdue interest calculated according to the changed contribution among the overdue interest on the original contribution, is in accordance with the management and disposal plan invalidated and thus, the defendant is obligated to return

In regard to this, the defendant's amendment to the above management and disposition plan is a new disposition to distribute the surplus to the union members according to the ex post changes in circumstances, and the previous management and disposition plan that imposed the contribution on the plaintiff is not invalidated.

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