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(영문) 서울남부지방법원 2020.01.21 2019가단240883

약정금

Text

1. The Defendant’s KRW 33,00,000 as well as annual 5% from May 31, 2019 to July 25, 2019 to the Plaintiff.

Reasons

In full view of the purport of each statement in Gap evidence Nos. 1 through 5 (including the number of branch numbers), the plaintiff entered into a membership agreement with the defendant on August 19, 2017 with regard to the Eul District Housing Association project implemented by the defendant as the Seoul Yangcheon-gu Seoul District Housing Association (hereinafter referred to as the "instant membership agreement"); the plaintiff paid 38 million won to the defendant after entering into the instant membership agreement; the plaintiff and the defendant decided to cancel the instant membership agreement; the defendant, around March 31, 2018, decided to refund KRW 5 million to the union members until April 30, 2018; the proxy expenses of KRW 3 million until June 30, 2018; and the defendant again prepared a confirmation document to refund KRW 30 million to the plaintiff by no later than 30 million until April 9, 2019; and the defendant issued the confirmation document by no more than 30 million won until 30,019.

Therefore, the Defendant is obligated to pay to the Plaintiff 3 million won and the amount equivalent to 5% per annum under the Civil Act from May 31, 2019 to July 25, 2019, which is the day following the due date, to the day when a duplicate of the instant complaint was served on the Defendant, and 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the day when the copy of the instant complaint is served on the Defendant.

Therefore, the plaintiff's claim is reasonable, and it is so decided as per Disposition.