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(영문) 전주지방법원 2019.06.20 2018나3437
대여금
Text

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. Facts of recognition;

A. The Plaintiff is a company running the taxi transport business, and the Defendant Union is a trade union with most workers belonging to the Plaintiff.

B. On July 201, most of the workers belonging to the Plaintiff were admitted to the subdivision E of the former North Korean Headquarters of the D Trade Union (hereinafter “E Branch”). On July 13, 2011, the Plaintiff passed a resolution to make a structural change into a company-level trade union at an open special meeting on July 13, 201, and completed the establishment report by establishing A Trade Union, which is a company-level trade union.

Accordingly, on September 22, 2011, the former North Korean branch of the D Trade Union filed a provisional disposition of suspending the effect of the said provisional disposition with the Jeonju District Court 201Kahap486 against the E branch, and on September 22, 2011, the said court rendered a decision that “the effect of the resolution to make a structural change until the final judgment on the confirmation of invalidity of the decision on the extraordinary general meeting is rendered” (hereinafter “the provisional disposition order of this case”). As to this, A trade union filed an objection with the same court with the same court as 201Kahap6655 while participating in the debtor’s assistance and independent party intervention, the said court rendered a decision to authorize the instant provisional disposition order of this case on December 29, 2011.

However, most of the workers belonging to the plaintiff were withdrawn from the E division after the provisional disposition decision of this case was made, and joined the E division to join the A trade union and act as a member of the A trade union, and thereafter, the A trade union, following the resolution of the general assembly on July 30, 2017, has changed its structural form to the current

C. The Plaintiff kept the partnership fees from the Plaintiff’s benefits and delivered them to the trade union. On September 30, 201, the Plaintiff remitted the amount of KRW 6,435,00 to the trade union A on August 30, 201.

A Trade Union shall support part of the cost of dealing with accidents to its members who do not want insurance in the event of a traffic accident pursuant to Article 55 of the Union Regulations as "accident welfare expenses".

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