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(영문) 광주지방법원 2018.06.20 2017가단517702

계약금(조합원분담금)

Text

1. The defendant is about 31,00,000 won for the plaintiff A and about it from May 21, 2017 to the plaintiff, and about 26,00,000 won for the plaintiff B.

Reasons

1. Facts of recognition;

A. (i) On April 24, 2016, Plaintiff A entered into a contract between the Plaintiffs and the Defendant Cooperative with respect to one unit of the partnership apartment (252,00,000,000 won, business promotion expenses, and KRW 10,000,000,000, which include business promotion expenses, and paid KRW 41,00,000,000,000.

On March 18, 2016, Plaintiff B entered into a partnership agreement (205,000,000,000,000 won), with the Defendant’s association and the apartment household (exclusive-use area of 59.9281 square meters, 59.9.1 square meters, 59.1 square meters), and paid KRW 36,00,000,000, including indirect business expenses of KRW 10,000.

B. In April 20, 2017, Plaintiff A and Plaintiff B submitted each written withdrawal from partnership on April 14, 2017 to express their intent to withdraw from partnership, and the Defendant Union consented thereto.

B. The written withdrawal from membership written by the Luxembourg states, "I confirm that I would not raise any objection against the withdrawal from membership because he/she has waived all his/her authority over the above Dong and lake and has lost his/her eligibility as a member." In addition, the written withdrawal from membership written by the plaintiff A stated, "In addition, I would make it possible to receive refund according to the relevant type at the time of joining the association."

Secondly, around April 20, 2017, the head of the defendant association and the auditor of the defendant association agreed to pay the remainder of the money to the plaintiff A by the end of May, 2017.

(c) Article 7 (Definition of Terms and Conditions of Agreement of the Association) of the Rules of the Association;

1. Operational expenses of a cooperative: The amount paid by partners to be used for the operation of the cooperative's office, salaries of officers and employees, and other expenses;

2. Contributions: It shall be paid to unions by its members to implement projects, such as operating expenses of unions, land purchase expenses, and construction expenses;