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(영문) 서울북부지방법원 2017.04.25 2016가단43787

위약금 및 손해배상

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The plaintiffs are members of a group of “F” within Seongbuk-gu Seoul E New Town Development Area (hereinafter “instant redevelopment area”), and the defendant is working for a company with the purpose of housing construction business as its representative director.

B. On April 15, 2014, the agreement between the Plaintiffs, and H and G was drafted as follows with a view to demanding from 160 residents in the instant redevelopment area the letter of withdrawal of partnership dissolution (hereinafter “instant agreement,” and the contents of the said agreement “instant agreement”). The Plaintiffs and H and G were each private persons on the name next to the lower part of the said agreement.

(1) Place: Seongbuk-gu Seoul Special Metropolitan City I-J Japan. ② Demand for the withdrawal of the written consent for the dissolution of the association. < Amended by Act No. 160 person for withdrawal of the establishment of the association. < Amended by Act No. 12844, Apr. 19, 2014; Act No. 12904, May 31, 2014; Act No. 16944, Apr. 19, 2014; Act No. 16944, Apr. 16, 2014>

Any balance of KRW 30 million shall be deposited on May 20, 2014.

(7) 50% of the service costs shall be refunded to a person who fails to obtain written consent to dissolution.

H Seoul N in Seongbuk-gu Seoul Ha in the Seongbuk-gu Seoul Metropolitan Government Ma in the Seongbuk-gu Seoul Metropolitan Government Ma in Jongno-gu Seoul Jongno-gu Ha

C. On April 16, 2014, Plaintiff C remitted KRW 30 million to G account under the name of G, and G included 10 human resources employed by oneself from April 21, 2014 to May 4, 2014, and subsequently suspended this.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 4, the purport of the whole pleadings

2. Determination as to the cause of action

A. On April 15, 2014, the Plaintiffs asserted that they concluded the instant agreement with the Defendant and paid KRW 30 million a down payment. Since the Defendant did not demand a letter of withdrawal of the consent to the dissolution of an association pursuant to the said agreement, the Defendant did not demand a letter of withdrawal of the agreement, the Defendant’s down payment3.