약정금
1. The Defendant’s KRW 39,00,000 and the Plaintiff’s annual rate of KRW 5% from October 19, 2018 to June 14, 2019.
1. The facts following the facts do not conflict between the parties, or are recognized by comprehensively considering the overall purport of the pleadings in Gap evidence Nos. 1, 2, and 4, and Eul evidence No. 1.
A. The Defendant is an association that carries out a new construction project of the apartment (hereinafter “instant apartment”) at the Do Council members of the Hanam-si (hereinafter “C District Housing Association”) (hereinafter “instant project”).
B. On September 11, 2017, the Plaintiff entered into an agreement with the Defendant to enter into an association of KRW 240,000,000,000,000 for the association contributions of KRW 12,00,000,00 for the instant apartment E-type 22 square meters (exclusive use area) with the Defendant (hereinafter “instant agreement to enter into an association”).
At the time, the Defendant issued the Plaintiff a certificate of guarantee of cooperative agreement (hereinafter “instant certificate”) to the Plaintiff, and the content of guarantee is that “where the Defendant fails to complete deliberation by the competent authority on traffic impact assessment and the Urban Planning and Construction Joint Committee (including district-unit planning, construction deliberation, etc.) within the first half of 2018, the Defendant shall ensure the refund of the total amount of cooperative members contributions (including agency expenses) that the said union members paid to the union.” However, due to its significance, where the instant union is under the process of deliberation by the competent authority due to the deliberation of the Urban Planning and Construction Joint Committee for Traffic Impact Assessment and Integrated Deliberation ( District-unit Planning, Construction Deliberation, etc.) and the reexamination or supplement, etc., the authorization and permission procedures are normally underway, and thus, the amount of guarantee payment shall not be returned.
C. The Plaintiff paid a sum of KRW 39 million to the Defendant, as stipulated in the instant partnership subscription agreement, as the contract amount of KRW 1 and 2 (including agency expenses).
On October 27, 2017, the Defendant applied for the deliberation of district unit planning on the instant project with the lower-nam City and applied for a conditional resolution on February 21, 2019.
However, the defendant is against the Ministry of Transport and Maritime Affairs, which is the competent authority.