beta
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. The reasoning of the judgment of this court citing the reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the part to be determined additionally as to the defendant's new argument at the trial of the court of first instance under Part 8 of the judgment of the court of first instance, which is identical to that of the part concerning the reasoning of the
2. Additional determination
A. According to Article 8(4) of the Agreement on the Subscription of the Association of this case and Article 12(4) of the Rules of the Association, the Defendant assumes the duty to refund the association members’ contributions only when a new member replacing the Plaintiff joins and paid the association members’ contributions. Since a new member replacing the Plaintiff did not join, the obligation to return the association members’ contributions to the Plaintiff was not due.
B. According to the evidence No. 1 and evidence No. 3, Article 8 (4) of the Agreement on the Admission to the Association of this case provides that "When a member intends to withdraw from the association, only the principal of the contributions paid by a member shall be refunded, but no refund shall be made, only when the member paid contributions to the member, if he/she has joined a new association to succeed to the rights and obligations of the member and paid contributions to the member, he/she has taken over the responsibility of the member when he/she intends to withdraw from the association." Article 12 (4) of the Rules of the Association of this case provides that "as for a person who has lost his/her status as a member due to withdrawal, loss of membership, expulsion, etc., he/she shall pay the balance after deducting the amount specified in the agreement on the accession to the association from the paid-in amount paid by the member, at the time specified in the agreement on the accession to the association, and
However, the defendant's obligation to pay the agreed amount under the above-mentioned certificate is the cause of the above-mentioned factual relations, namely, the following circumstances that can be seen by considering the overall purport of the arguments.