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(영문) 청주지방법원 2015.07.15 2015가합20169
대여금
Text

1. The plaintiff's action against the defendant's Korean Trucking Association North Korea Branch shall be dismissed;

2. The plaintiff's defendant.

Reasons

1. Basic facts

A. Under Articles 48 through 50 of the Trucking Transport Business Act, the Defendant trucking Transport Business Association (hereinafter “Defendant Association”) is a juristic person established as a federation consisting of each City/Do trucking services Association as its members, and runs a mutual aid business with the contents of compensation for damages caused by the association members’ occurrence of an accident in the course of operation and the occurrence of an obligation of compensation by the association members under Article 51-2 of the same Act and Article 5 of the Guarantee of Automobile Accident Compensation Act.

The Plaintiff is also a member of the Chungcheong Branch of the Korea Trucking Transport Business Association (hereinafter referred to as the “Defendant Branch”) affiliated with the Korea Trucking Transport Business Association, as a member of the Defendant Federation.

B. The accident rate of trucks subscribed to the mutual aid association has increased rapidly compared to the expected amount of the Defendant Federation, and the deficit of the mutual aid association has been accumulated due to the occurrence of large accidents, the rapid increase of the amount of damages, and the increase of the vehicle to be deducted from the Minister of Construction and Transportation on July 4, 1990. Accordingly, on July 20, 1990, the Defendant Federation received an order for improvement of business management from the Minister of Construction and Transportation. Accordingly, on July 20, 1990, the Defendant Federation collected the same amount for all members of the mutual aid association on a lump sum basis, regardless of the difference in the financial difficulties of each branch of the mutual aid association, and on each vehicle, if the amount of additional contributions collected by each vehicle does not exceed the amount of liability for payment, the amount of liability for payment shall be offset, and on each vehicle, the additional contributions collected in the lump sum shall be accounted as special charges.

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