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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The reasoning of the court of first instance’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except where the defendant added or emphasized the judgment on the assertion that the defendant added or emphasized in the trial of the court of first instance as follows. Thus, this is cited by the main sentence of Article 420 of the Civil Procedure
2. The addition;
A. On December 21, 2016, the Defendant, as a resolution of the general assembly of the Defendant’s association members, delegated the time when the refund amount to the disqualified member was returned to the board of directors and the board of representatives. Since the Plaintiff sought a refund payment to the Defendant on July 14, 2018, the Plaintiff asserts that the Plaintiff cannot seek a refund unless and until the individual time is determined by the board of directors and the board of representatives’ resolution.
The following circumstances, i.e., (i) Article 12(4) of the Union Regulations, which provides for different periods of common contributions to be deducted as a resolution of a general meeting, should be paid within 30 days after a request for refund was made. However, in exceptional cases, the common contributions to be deducted as a resolution of a general meeting, and the timing of refund should be determined in advance. Thus, if the payment is to be made as a resolution of a general meeting before withdrawal, loss of membership, expulsion, etc. is not separately determined, a provision that allows the return of the amount of payment within 30 days from the date of the request for refund should be applied. If it is interpreted that the time of return is not so, the provision that allows the return of the amount to be deducted as a resolution of the general meeting within 30 days from the date of the request for refund, and it is likely to be abused as a result of allowing the extension of the time of return only at the option of the union, which is excessively restricted the rights of the union members.