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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. From March 2016, the Plaintiff is operating a private teaching institute (hereinafter “instant private teaching institute”) with the trade name “Dental Institute” in Seongbuk-gu, Seongbuk-gu.
3. The Plaintiff shall make every effort to establish a partnership corporation in the name of the scheduled date ( June 1, 2016) and shall return KRW 2 million to the account in the name of the applicant for membership within seven days, where the Plaintiff falls short of five members of the partnership (five members) or where it is difficult to establish the partnership due to other circumstances.
5. In the event that the Plaintiff refunds the membership fees paid by other applicants, including the Defendant, on the premise of the establishment of the association, pursuant to the foregoing paragraph 3, the amount of the tuition fees of the instant driving school out of the benefits that the Defendant provided shall be offset on a daily basis
6. The eligibility for membership of a cooperative shall be limited to the compulsory contract period of 24 months (2 years) on the basis of the date of payment of subscription fees;
7. The plaintiff shall return the subscription fee paid by the defendant in cash to the defendant 24 months (2 years) after the payment date (2 years). (Omission)
8. The defendant must notify the plaintiff or the union in advance where he/she inevitably withdraws from the association within the agreed period due to personal circumstances, and the plaintiff shall settle the subscription fees paid according to the articles of association and regulations of the association in the same manner as the above 5, and pay them to the defendant after offsetting the discounted tuition fees.
9. The defendant is obligated to participate and act as promoters of a cooperative in accordance with the procedures and methods stipulated in the articles of incorporation and bylaws with respect to the establishment, organization, and operation of the cooperative.
B. On March 2, 2016, the Plaintiff and the Defendant concluded a contract (hereinafter “instant contract”) under which the Defendant, as an “applicant for the membership of the Association” (hereinafter “instant association”) entered into as a “applicant for the membership of the Association,” and included the following:
(c).