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(영문) 부산지방법원 2017.10.12 2017가단320701
조합비 납부 청구의 소
Text

1. The Defendant’s KRW 52,876,50 as well as the Plaintiff’s annual rate from July 6, 2017 to October 12, 2017.

Reasons

1. The facts subsequent to the facts of recognition may be found either in dispute between the parties or in Gap evidence Nos. 1 through 3, 5, 8 (including paper numbers; hereinafter the same shall apply), and Eul evidence Nos. 1 and 2, based on the overall purport of the pleadings. A.

The plaintiff is an incorporated association composed of automobile management business operators pursuant to Article 67 of the Automobile Management Act. The defendant is the automobile management business operator who completed the registration of the automobile management business (comprehensive maintenance business) to the head of the Gangseo-gu Busan Metropolitan City on November 5, 2003, and becomes a member of the plaintiff corporation after paying seven million won of the subscription fee to the plaintiff corporation on November 3, 2003.

B. The articles of incorporation (it is authorized on January 4, 2017; hereinafter “instant articles of incorporation”) of the Plaintiff Corporation includes the following:

Article 8 (Qualification for Membership) (4) No member may withdraw at will.

Provided, That a person whose registration of a rearrangement project is revoked or who transfers or closes a rearrangement project enterprise shall lose the qualification of a member from the date thereof.

Article 10 (Admission Expenses and Cooperative Expenses) (1) Members shall pay the subscription expenses and cooperative expenses.

(2) The methods of imposing or collecting subscription fees and partnership fees shall be prescribed separately.

(3) Where it is deemed necessary for the operation of a cooperative, the cooperative may collect expenses from a special cooperative by a resolution of the general meeting.

C. The term “the collection provision of cooperative expenses” (amended by January 1, 2011; hereinafter “instant collection provision”) of the Plaintiff Company refers to the expenses of a federation, ordinary expenses of a cooperative, and other special charges by a resolution of a general meeting, as deemed particularly necessary for the operation of a cooperative and deemed necessary.

Article 4 (Imposition Contents). The 15,000 45,000 60,000 basic membership fees per month for small 15,000 70,000 70,000 85,000 15,000 65,000 25,0000 40,000 15,000 15,000 c/S 85,000 15,000 c/ 85,000 c/ 85,000 10,000 c/ 01,00 c/ 00 c/ 00 c/ 1,000 basic membership fees

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