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(영문) 광주지방법원목포지원 2016.12.01 2015가합125
공제계약 승계절차이행 등
Text

1. As to the Defendant (Counterclaim Defendant) of the Plaintiff (Counterclaim Defendant) arising from 100 trucks listed in attached Forms 1 and 2.

Reasons

1. Basic facts

A. On January 10, 1997, the Plaintiff established its head office within the Jeonju-si, and thereafter, through the Jeonbuk-si branch affiliated with the Defendant, the Plaintiff joined the Defendant’s membership and run the truck transport business mainly focusing on the area of Jeollabuk-do.

B. As to the attached Form 4 291 truck, a mutual aid agreement was concluded with the Defendant from around 1981 to 2003, and each of the above mutual aid agreements was renewed annually.

After its establishment, the Plaintiff accepted 291 trucks, and accordingly succeeded to the status of a mutual aid contract holder under each of the above mutual aid agreements, or newly concluded a mutual aid contract with the Defendant.

C. On November 21, 2014, upon the replacement of a controlling shareholder and a manager, the Plaintiff moved its head office to 203, and 203, and changed the area where the trucking transport business was mainly operated to Maranam.

Accordingly, the plaintiff requested the defendant to change the affiliated sub-branch from the former sub-branch to the former sub-branch with respect to five trucks listed in attached Form 3 among the 291 trucks listed in attached Table 4, but the defendant did not comply with the request.

Meanwhile, from around 1981 to 2004, the Defendant notified the mutual aid contract party of the additional contributions corresponding to each amount stated in the “Imposition Charges” column of attached Table 4 as stipulated in the mutual aid agreement on truck 291 as stated in attached Table 4.

E. The defendant did not pay the above additional contributions, and the insurance premium to be refunded to the mutual aid contract party on each date stated in the "date of receipt" column of attached Table 4, and the amount stated in the "receiving amount" column of the above additional contributions was arbitrarily offseted and processed, and as a result, the total amount of the above additional contributions became KRW 488,204,697.

[Ground of Recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 19 (including each number), the purport of the whole pleadings

2. Determination as to the principal claim.

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