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(영문) 서울서부지방법원 2017.11.21 2017나2711
조합원가입비 반환
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.

Reasons

1. Basic facts

A. The Defendant is a juristic person established pursuant to Article 67(1) of the Automobile Management Act and Article 145(1) of the Enforcement Rule of the Automobile Management Act for the purpose of improving the equipment for automobile maintenance, promoting the common interest of automobile parts maintenance business operators, and forming close cooperation and friendship among them. It has approximately 23 branch offices as its subordinate organization.

B. The Plaintiff was a person running a motor vehicle maintenance business under the trade name of “B,” and was a member of the Defendant, who belongs to “C Branch,” one of the sub-branches under the Defendant’s control.

Article 5 (Organization) In order to ensure efficient operation of the partnership and smooth management of its members, a branch office shall be established in an administrative autonomous Gu.

Article 14 (Disqualification of Members) (1) Where a member falls under any of the following subparagraphs, he/she shall lose his/her qualification:

1. Where he/she receives a disposition for expulsion;

2. Where he has reported the closure of his business to the competent authority; and

3. When the cooperative withdraws;

4. Where the registration of the automobile management business has been revoked by the competent authority. (2) In the event that the membership has been disqualified under paragraph (1), the amount paid in the nature of the fund already paid shall be settled by adjusting the consumption cost and unpaid amount, etc. due to the operation of the association and refund one-half of the members based on the monthly settlement of accounts for

Provided, That paragraph (1) 1 shall be excluded.

(1) When a disciplinary measure is to be taken under Articles 12 and 13, a decision shall be made with attendance of not less than two thirds of the members of the relevant disciplinary measure agency and with concurrent votes of not less than two thirds of the number of those present.

(2) Where a branch association intends to take disciplinary action against a member, it may request the chairperson to take disciplinary action, following a resolution of the branch committee.

Provided, That in cases of reprimand among the types of disciplinary action, it shall be decided by the relevant operating committee.

C. The main contents of the defendant's articles of incorporation are as follows.

(hereinafter “instant Articles of Incorporation”). D.

The plaintiff, defendant, etc.

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