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(영문) 대전지방법원 2016.11.11 2016나100568
계금반환
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. On May 190, the Defendant is an organization established with the purpose of promoting friendship among the members, protecting the lives of its members, and cooperating in light of the border investigation of its members when the members are complained against due to traffic accidents. The Plaintiff is the Defendant’s member.

B. The Plaintiff did not pay the membership fee of KRW 390,00 in total from April 2014 to August 2015 (i.e., monthly membership fee of KRW 20,000 x 50,000 at the ordinary general meeting of the 17th month).

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The Defendant’s cause of the Plaintiff’s claim is as follows: ① 100,000 won for hospitalization compensation for the Plaintiff on March 2014; ② 1,000,000 won for patriotic subsidies upon the Plaintiff’s request; ③ the Defendant’s expulsion from his membership fees by expulsion or intentionally refusing to receive membership fees; ④ KRW 2,50,000 for membership fees to be refunded to the Plaintiff; ④ KRW 390,000 for membership fees to be refunded to the Plaintiff; ⑤ the Defendant’s members who intentionally refuse to receive membership fees; ⑤ the Defendant’s resolution of expulsion against the Plaintiff; and the Plaintiff’s members who have left their personality with respect to the Plaintiff; and ③ the Defendant’s act of causing emotional distress to the Plaintiff by inducing the Plaintiff to withdraw from membership fees; and ④ the obligation to pay consolation money2,500,000 for consolation money, 6,909,000 won for intentional refusal to receive membership fees.

3. Determination ① According to the Plaintiff’s assertion on the Plaintiff’s hospitalization consolation benefits in light of the following: (a) the Defendant paid KRW 100,000 each for the Plaintiff on September 2, 2012, and April 7, 2013; and (b) the Plaintiff was hospitalized in the hospital from March 8, 2014 to March 29, 2014; (c) on the other hand, there is no provision stipulating that the Defendant paid KRW 100,000 for the Plaintiff’s hospitalization consolation benefits at the hospital’s hospital’s hospital in accordance with the Defendant’s bylaws; and (d) there is no provision stipulating that the Defendant paid twice hospitalization consolation benefits.

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