약정금 등 청구의 소
1. The plaintiffs confirm that they are not members of the defendant's association.
2. The defendant shall pay 30,000,000 won to each of the plaintiffs.
1. The following facts may be found either in dispute between the parties or in accordance with Gap evidence Nos. 1, 2, and Eul evidence Nos. 4, 5, and 6 (including each number, if any; hereinafter the same shall apply) by reference to the whole purport of the pleadings.
The defendant was established around April 2002 for the purpose of promoting a project to build F apartment units in the above project site by making the Yeongdeungpo-gu E-gu Seoul project site as a project site (hereinafter referred to as the "instant project").
B. On November 4, 2002, G entered into a contract with the Defendant to delegate the authority related to the apartment housing construction project, such as authorization of the association and the formation of a union for the project of this case to the Defendant and to the Defendant’s members (hereinafter “instant contract”). At that time, G paid KRW 30 million to the Defendant according to the instant contract, and on April 5, 2006, Plaintiff C succeeded to the above G’s rights and obligations with respect to the Defendant.
C. On November 28, 2002, H entered into the instant contract with the Defendant, and around that time paid KRW 10 million out of the contributions under the instant contract to the Defendant. On May 8, 2006, Plaintiff A succeeded to the above H’s rights and obligations against the Defendant, and paid the Defendant the remainder of KRW 20 million out of the said contributions.
I entered into the instant contract with the Defendant on May 8, 2006, and around that time paid the Defendant a contribution of KRW 30 million under the instant contract (hereinafter referred to as “each of the instant contributions”) to the Defendant, and on April 6, 2010, Plaintiff B succeeded to the rights and obligations of the Defendant as above I on April 6, 2010.
Article 5 (Contributions and Payment Schedules) of the Contract of this case
1. The contributions of members shall be determined amount and the payment schedule shall be as follows:
When a contract is concluded for the date of the total sum of the 6th intermediate payment in the 5th intermediate payment in the 5th intermediate payment in the 5th intermediate payment in the 6th intermediate payment in the 7th intermediate payment in the 8th intermediate payment in the 2002 intermediate payment, the contract is concluded on June 20, 2002.