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The defendant shall pay 52,798,800 won to the plaintiff and 12% per annum from June 27, 2020 to the day of complete payment.
Reasons
1. Facts of recognition;
A. The Plaintiff is a federation prescribed in Article 50 of the Trucking Transport Business Act (hereinafter “ Trucking Transport Business Act”), which has 16 City/Do Association nationwide, including the Defendant, as its members, and the Defendant is the association prescribed in Article 48 of the Trucking Transport Business Act, which is comprised of individual trucking business operators.
B. Article 9(2) of the Plaintiff’s articles of incorporation provides that “A member shall faithfully pay the membership fees imposed each month at the principal meeting as determined by the general meeting.”
C. Since the establishment of March 1993, the Plaintiff calculated and imposed annual membership fees on its members. The Defendant did not pay it from January 2019 to December 2018, and the Defendant’s unpaid membership fees from January 2019 to December 32, 138,400 (i.e., the number of vehicles x the number of vehicles x the 700 won per month), totaling KRW 20,660,40 (i.e., the number of vehicles x the 900 won per month) from January 2020 to June 201, totaling KRW 52,798,800.
C. The membership fees of the Plaintiff in 2019 pursuant to the resolution of the Plaintiff’s general meeting held on February 28, 2019. The said general meeting, among 16 members, 13 members, including the Defendant, passed a resolution on the agenda relating to the membership fees with the consent of all members present at the meeting. The membership fees in 2020 pursuant to the resolution of the Plaintiff’s general meeting held on November 28, 2019. The said general meeting, among the Defendant’s 16 members, passed a resolution on the agenda relating to the membership fees with the consent of 12 members present at the meeting.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. Determination:
A. According to the above facts of determination as to the cause of the claim, barring any other special circumstances, the defendant as a plaintiff's member from January 2019 to June 2020, and as to the plaintiff's member, KRW 52,798,800 of membership fees from June 2019 to the date of complete payment.