1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. The Plaintiff is an affiliated organization of the Korea Gas Agency Association (hereinafter “Korea Gas Agency Association”) which aims to promote the promotion and development of the petroleum sales industry and the promotion of the welfare of its members by contributing to government policies.

B. On May 28, 2015, the Defendant served as an affiliate organization of the Plaintiff, and resolved to withdraw from the Plaintiff Branch.

Accordingly, on June 16, 2015, the Plaintiff decided to recognize the Defendant as the Plaintiff’s branch office as of June 1, 2015, and to dissolve the Plaintiff.

The defendant now secedes from the plaintiff's branch.

C. Members of the Plaintiff are obligated to pay membership fees to the Plaintiff, and the provisions of the Korea Oil station Association and the Plaintiff’s provision related to the method of collection are as stated in the relevant provisions.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 9 (if there are provisional numbers, including each number; hereinafter the same shall apply), Eul evidence No. 7, the purport of the whole pleadings

2. The parties' assertion

A. The defendant is an affiliate organization of the plaintiff, and shall pay membership fees to the plaintiff in accordance with the articles of association and related provisions.

However, the Defendant did not pay the Plaintiff a total of KRW 12,312,250 (i.e., the unpaid amount of KRW 4,991,750 in 2014) to the Plaintiff, which was KRW 7,320,50 in 2015.

Therefore, the defendant is liable to pay the plaintiff unpaid membership fees of 12,312,250 won and damages for delay.

B. On or after April 30, 2013, Defendant 1 received a unique number certificate from the head of the Port Tax Office, the Defendant received the Defendant’s membership fees from its members, not the Plaintiff’s membership fees, but the Defendant paid monthly membership fees to the Defendant with the recognition that the Defendant’s members would pay the Defendant’s membership fees.

Ultimately, the defendant collected membership fees from its members in the position of an independent organization that is not the plaintiff's branch.

Furthermore, the defendant collects membership fees from the plaintiff.