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(영문) 청주지방법원 2016.01.14 2015가단10134
가지급채권반환
Text

1. On or after the arrival of December 31, 2016, to the Plaintiff (Counterclaim Defendant)

A. Paragraph 1 of the attached list from the Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. The Korean Trucking Mutual Aid Association is an affiliated organization of the Plaintiff, and the Defendant (Counterclaim Plaintiff) and B, and Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd.”) are collectively referred to as “Defendant Co., Ltd., and when referred respectively, Defendant A, Defendant B, and Defendant D are members.

B. On July 4, 1990, the Plaintiff got a business improvement order from the Minister of Construction and Transportation due to a rapid increase in the rate of accident of the truck affiliated with each member of the Korea Trucking Mutual Aid Association, such as large-scale accidents, damages, rapid increase in the amount of compensation for damage, increase in deductible vehicles, etc. Accordingly, without the resolution of the general meeting on July 20, 1990, the Plaintiff issued detailed guidelines for implementing the improvement order for mutual aid business based on financial difficulties at each of the above branches of the Mutual Aid Association. Despite the existence and difference in the amount of additional contributions, the Plaintiff collected the additional contributions for each month for the vehicle affiliated with each of the members, regardless of the existence of the liability for payment and the difference in the amount of the additional contributions, if the amount collected does not exceed the amount of the liability for payment, the amount of the liability for payment shall be offset and disposed by the amount of the liability for payment, and if the financial status of the Mutual Aid Association is normal by settling the additional contributions collected in a lump sum

C. Accordingly, the Korean Trucking Mutual Aid Association opened an operating committee on July 31, 1990 and decided to collect additional contributions for 27,000 won per month for the vehicles of the Chungcheong Branch. On August 3, 1990, Defendant A paid 45,000,000 won for Defendant B, and 60,000,000 won for Defendant D respectively from around September 1990 to August 1995.

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