logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2017.07.13 2016나13670
회비
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The plaintiff was established on July 24, 1976 pursuant to Article 64 of the former Automobile Transport Business Act (amended by Act No. 3513 of Dec. 31, 1981) and operated a cooperative project with respect to recommendations and government policies on the freight trucking services. The defendant filed an application to join the plaintiff on March 6, 1990 as a person who operated the freight trucking services with a license for the freight trucking services and filed an application to join the plaintiff on the same day.

Article 10 (Members) Trucking Transport Business Operators registered in Busan Metropolitan City (hereinafter referred to as "business Operators") may join the Association as of the date of registration, and members shall be members.

Article 14 (Obligations of Members) Members shall bear with respect to the Association the following obligations:

1.Members shall bear membership fees in proportion to the number of vehicles held.

Provided, That 50% of the payment fee shall be reduced for two or more vehicles.

(11) amended on September 11, 200

The contents related to this case in the Plaintiff’s articles of association are as follows.

C. The Plaintiff’s membership fees are KRW 10,000 per month from March 2013 to February 2013, and KRW 12,000 per month from March 2013.

Around August 2013, the Defendant lost the Plaintiff’s membership while transferring a vehicle.

E. On April 21, 2016, the Plaintiff sent to the Defendant a certificate of content verifying the amount of KRW 802,000 for unpaid membership fees from November 2005 to August 2013.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 3 (including a tentative number), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendant agreed to join the Plaintiff’s membership as of March 6, 1990 and bear the membership fees in accordance with the articles of incorporation. Therefore, the Defendant is obligated to pay the Plaintiff unpaid membership fees up to August 2013, except in extenuating circumstances.

3. The defendant's defense is a defense that the above membership fee claim has expired by prescription. Thus, the defendant's defense is examined.

arrow