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(영문) 울산지방법원 2020.07.09 2019나13667
미납회비 청구의 소
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. The Plaintiff is a juristic person established with automobile management business operators as its members pursuant to Article 67 of the Automobile Management Act, and Defendant B was affiliated with the Plaintiff on October 30, 2015, and Defendant C was affiliated with the Plaintiff on the trade name of “D industry company”. Defendant C operated the automobile maintenance business with the trade name of “E industry company” and joined the Plaintiff on February 4, 2004.

B. According to the Plaintiff’s articles of incorporation, the Plaintiff’s union members should pay the subscription fee and union dues as determined by the general meeting. The subscription fee to be paid by the union members is KRW 5,500,000, and the union fee is KRW 120,000 per month.

C. Defendant B did not pay KRW 240,000, out of the subscription fee of KRW 4,000,000 and the partnership fee of KRW 2,40,000 from October to November 2018; Defendant C did not pay the aggregate of KRW 6,840,00,00 from November 2013 to July 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 6, 9, 10 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the reasoning of the judgment on the cause of the claim, Defendant B is obligated to pay to the Plaintiff the sum of the above unpaid subscription fees and the partnership fees of KRW 4,240,00 and the following day after the copy of the complaint of this case was served on the above Defendant. Defendant C is obligated to pay damages for delay calculated at the rate of 15% per annum as stated in the records, which is clear from January 3, 2019, the sum of the above unpaid partnership fees of KRW 6,840,00, and the following day after the copy of the complaint of this case was served on the above Defendant. From December 11, 2018 to the day of complete payment, it is clear that the duplicate of the complaint of this case was served on the above Defendant.

3. Judgment on the defendants' assertion

A. Defendant B paid KRW 1,00,000 to the Plaintiff’s partnership at the time of joining the Plaintiff’s association, and the Plaintiff’s money in addition to the above amount.

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