logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2018.11.01 2018나2118
회비
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The purpose of the Plaintiff is to promote the rights, interests, and welfare of its members by carrying out the government's policy and the entrusted duties concerning the freight trucking services. The Defendant registered the automobile trucking services with the trade name "C" on July 1, 1996, and submitted an application for membership to the Plaintiff on the same day.

B. The contents of the Plaintiff’s articles of incorporation pertaining to this case are as follows.

§ 11 (Joining the Association) Any person who wishes to join this Association shall submit an application for prescribed accession and obtain approval from the Association.

XIV. (Duties of Members of the Association) Members of the Association shall:

5. Where he/she falls under any of the following cases, he/she shall be disqualified as an association member:

1. Revocation of a license for freight forwarding business;

2. Closure or transfer of the business;

3. Death;

4. Bankruptcy;

5. Withdrawal.

6. Expulsion. (2) In the case of the preceding paragraph, qualification and right as an association member shall be lost, and all the expenses for the association and other assets already paid shall not be claimed.

C. Meanwhile, at the end of September 2009, the Defendant informed D of his intention to withdraw from the Plaintiff’s member.

On June 29, 2017, the Plaintiff sent to the Defendant a content-certified mail to pay the unpaid membership fee of KRW 4,175,000 to July 7, 2017, from July 1996 to June 2017.

E. On July 21, 2017, the Defendant transferred the foregoing business entity to another person.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 5, the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion is obligated to pay membership fees from July 1, 1996 to July 21, 2017 when the defendant joined the plaintiff's membership and transferred the business to another person on July 21, 2017, and during the above period, the defendant is obliged to pay membership fees.

arrow