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(영문) 서울북부지방법원 2017.08.31 2016가합1544

약정금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a housing redevelopment association established on July 30, 2002 with the approval of establishment on August 10, 2002 for the purpose of implementing a housing redevelopment improvement project (hereinafter “instant redevelopment project”) for the total area of 26,058 square meters in Dongdaemun-gu Seoul Metropolitan Government (hereinafter “instant redevelopment project”).

B. Around December 1, 1973, the redevelopment project of this case was first designated by two independent promotion committees after being designated as the redevelopment area. The plaintiff was employed as the chairman of the promotion committee, one of them, and the two promotion committees were integrated, and the defendant was finally established and served as the head of the defendant's partnership from September 1, 2002 to February 2007.

C. On May 7, 2013, the Defendant held a board of representatives to resolve dissolution on the ground of the completion of the project and passed a resolution on May 27, 2013, and is currently in liquidation after the dissolution registration is completed.

[Reasons for Recognition] Unsatisfy Facts, Gap evidence 1, 7, Eul evidence 1 and 4 (including branch numbers), fact inquiry results to the head of Dongdaemun-gu Seoul Metropolitan Government, the purport of the whole pleadings

2. Although the promotion committee was established to proceed with the instant redevelopment project, the gist of the Plaintiff’s assertion, the Plaintiff continued to pay the expenses for the instant redevelopment project, as the chairperson of the promotion committee, because it was not long to prepare funds for the operation of the promotion committee.

Afterwards, the Defendant established by the Promotion Committee agreed to pay to the Plaintiff the total amount of KRW 443,625,570,000 paid by the Plaintiff for the pre-paid project costs when the partnership is liquidated after checking all the details of the expenditure on the pre-paid project costs.

Therefore, the defendant is obligated to pay to the plaintiff the agreed amount of KRW 443,625,570 and damages for delay.

3. The judgment of the court below is based on the evidence No. 4-1 (a letter of payment agreement) corresponding thereto with respect to the fact that the defendant agreed to pay as alleged by the plaintiff.