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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
3. The defendant's indication in the judgment of the court of first instance.
Reasons
1. Basic facts
A. On September 27, 2005, the Plaintiff joined as the Defendant’s member.
Article 27 The equity interest in this meeting shall comply with the provisions of the implementation of the equity interest in Chapter VIII, and the equity interest to be paid to a withdrawing member shall be KRW 160,000,000.
Article 32 (Disqualification for Membership of Meeting) Any of the following persons shall be removed by resolution of the board of directors:
(2) Any person who fails to pay membership fees for six months without any justifiable ground. (3) Any person who fails to participate in various meetings and events at this meeting for 12 months after paying membership fees without any justifiable ground.
B. The part of the Defendant’s bylaws pertaining to the instant case is as follows.
C. Around December 2013, the Defendant was dissolved, and C, a former representative, continues to perform his/her duties as the president.
[Ground of recognition] Facts without dispute, Gap evidence 1-1, Eul evidence 1-2, Eul evidence 1-1, 2-3, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion payment of the purchase fee of KRW 320,00 (=160,000 x 2) to the Defendant’s membership, which was returned to KRW 1,50,000 as part of the shares around 2010.
The Defendant, on the ground that the monthly membership fee was unpaid on December 2013, did not pay KRW 1.50,000 to the Plaintiff for the remainder of the membership fee. As such, the Defendant is liable to pay the Plaintiff KRW 150,000 and the damages for delay thereof.
B. The fact that Article 27 of the defendant's bylaws provides 1.60,00 won and 1.50,000 won for membership membership, as seen earlier, however, there is no evidence to support that the plaintiff paid 3.20,000 won for membership membership, unlike the rules of association, and that the plaintiff was admitted as the defendant's member.
As long as the plaintiff voluntarily recognizes the fact that 1.50,00 won has been refunded, the settlement between the plaintiff and the defendant has already been made.