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(영문) 울산지방법원 2018.10.11 2018가단62173

손해배상(기)

Text

1. The Defendant’s KRW 44,00,000 as well as the Plaintiff’s annual rate of 5% from August 14, 2018 to October 11, 2018, and the following.

Reasons

1. The following facts are recognized as either a dispute between the parties or in full view of the evidence set forth in subparagraphs A(1) through (4) and the purport of the entire pleadings.

A. The Defendant is a regional housing association under the Housing Act established for the purpose of implementing a housing construction project in the project site of Ulsan-gu Seoul Northern District.

B. On August 27, 2014, the Plaintiff entered into a contract with the Defendant that the Plaintiff joined as the Defendant’s partner, and the part related to the instant case is as follows.

The plaintiff shall pay to the defendant KRW 54,00,000 (= KRW 22,00,000 for the first 10,000,000 for the second 22,000 for the second 22,00,000 for the second 22,000 for the second 1) for the part payment of KRW 129,00 for the part payment of KRW 129,000 for the remainder payment of KRW 42,00 for the second 6 months, and KRW 225,000 for the remainder payment of KRW 225,000 for the remainder payment of KRW 225,00 for the 2225,00,000 for the total amount of KRW 10,000 for the remainder of KRW 10,00 for the part payment of KRW 54,000 for the business promotion expenses.

When a cooperative member's amount of payment is refunded due to deprivation of qualification, withdrawal from the cooperative, failure to implement the cooperative, etc., the down payment shall be refunded in full, and business promotion expenses shall not

The time of refund shall be determined in accordance with the regulations of the association.

C. From August 27, 2014 to December 20, 2014, the Plaintiff paid the full amount of KRW 54,000,000 to the Defendant for subscription.

The parts related to the instant case in the Defendant’s bylaws of association (hereinafter referred to as “laws of association”) are as follows:

Article 7 (Definition of Terms) The meaning of terms used in this Code shall be as follows:

1. Operational expenses of the partnership: The amount paid by the partnership members to be used for the operation of the partnership office, salaries of officers and employees, and other expenses; and

4. Charges: The following amounts of expenses paid by members to unions for the promotion of projects, such as operating expenses of unions, land purchase expenses, and construction expenses, shall refer to the qualification requirements for members under Article 8 (Qualification of Members) who are prescribed by the Housing Act and subordinate statutes:

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