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(영문) 대구고등법원 2015.05.12 2014나1059
징계(호출정지)처분 무효확인
Text

1. The plaintiffs' appeals and the claims added to the trial are all dismissed.

2. The appeal costs and the claims in the trial.

Reasons

1. Basic facts

A. The defendant is a non-corporate body consisting of the non-corporate body among the non-corporate body among the private taxi transportation business entities in Daegu area, and the plaintiffs are the members belonging to the defendant.

F is operating E filling station in Daegu Dong-gu G (hereinafter referred to as “instant filling station”).

B. On February 3, 201, following the resolution of the general assembly and the board of directors, the Defendant entered into a lease guarantee agreement for the construction of the Daegu Jeju-si District Call System (hereinafter “instant lease guarantee agreement”) with F, and the key contents thereof are as follows.

[Main Terms and Conditions of Rental Guarantee Contract] Article 2 / [The Terms and Conditions of Installment and Unit Price Installation] 1 purbur MT Terminal

1. Seven person method (including credit card transportation card terminal, data communication cap method);

2. The digital meter shall be 2) unit price installment terms (VAT Map/unit price) to the defendant by purchasing en bloc at the instant charging station.

1. Terminal: 700,000 won;

2. Interest-free interest rate for 36 months;

3. Article 3 of the total purchase volume 1,030 [joint and several sureties and mandatory obligations for the KTphurian in the charging station in this case].

1. The instant charging station shall pay the amount of 1,030 installments of the MOT equipment to the KTPPel during the contract period.

4. The instant charging station shall provide the Defendant with a monitoring room and office (including water and electricity taxes) with a degree of 80 rating to 40 to 50 square meters per law.

5. The instant charging station shall set aside a discount of 50 won per liter when each member of the D (hereinafter referred to as “member”) injects gas from the amount of charging to each member of the D (hereinafter referred to as “member”) and return it to the member.

6. Mutual consultation shall be held by giving preferential treatment to the members to injecting significantly more injectment than each member's quantity.

Provided, That if a member fails to inject 400 liters, the member shall compensate for the penalty as much as the amount of injecting into the charging station in this case.

7. The charging station of this case shall bear KRW 30,000,000 for the relocation cost per the existing D law.

8. The defendant started the business under the contract with the filling station of this case.

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