부당이득금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Basic Facts
The Defendant Union is a cooperative established to carry out a multi-family housing construction project (a non-corporate group under the Civil Act) that constructs and sells apartment and neighborhood living facilities on the ground of 66,970 square meters in Chungcheongnam-gun, Chungcheongnam-do with its members consisting of 636 members on March 26, 2008. The Plaintiff is a member of the Defendant Union.
On April 20, 2011, the Plaintiff paid KRW 8,963,988 to the Defendant Union over KRW 4,112,988, more than the last changed intermediate payment of KRW 4,851,00.
On May 12, 2011, the Defendant Union notified the Defendant that the Defendant Union will notify the Defendant of the account number by May 23, 2011 and treat it by advance payment with the expression of intention to advance payment at the time of notification, and that it should apply the rate of advance payment at 6% at the time of advance payment and pay it by excluding the amount discounted later at the time of advance payment at the time of advance payment.
The Plaintiff did not notify the Defendant Union that it does not want advance payment by May 23, 2011.
However, on November 29, 2011, the Plaintiff paid the full amount of KRW 4,851,000 already determined part payment without excluding the amount discounted in advance to the Defendant Union.
On December 3, 2016, the Defendant Union held a general meeting of dissolution and passed a resolution on the dissolution of the Defendant Union and the distribution of its residual assets. Of 249 members, a resolution was made to dissolve the Defendant Union with the consent of 238 members, and to distribute residual assets.
According to the above resolution, among the total revenue of the Defendant Union as of September 30, 2014, the sales revenue for the union members is final KRW 96,602,187,454, which shall be returned to the union members from KRW 96,938,628,628,000, which shall be returned to the union members, plus KRW 462,640,30, which shall be returned to the union members, and plus KRW 3,481,614,614.