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(영문) 서울남부지방법원 2020.09.03 2019나65687

추심금

Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

judgment of the first instance.

Reasons

1. Basic facts

A. (1) The Plaintiff entered into a contract for joining the association with the promotion committee around July 31, 2017. On November 21, 2017, the Plaintiff paid KRW 37.5 million in total, including the Plaintiff’s share of KRW 10 million for the association members and KRW 27.5 million for the agency business.

(2) On December 12, 2017, the Plaintiff filed a claim for the return of money that was already paid by the promotion committee to withdraw.

On the same day, the Promotion Committee prepared to the Plaintiff a letter of undertaking that “10 million won of contributions is expected to be refunded until January 25, 2018, and KRW 27.5 million of agency expenses is promised to refund when an alternative partner is invited to pay the agency expenses (hereinafter “instant letter of undertaking”) and returned a total of KRW 14 million until March 14, 2018.

(3) The Plaintiff filed a lawsuit against the Promotion Committee seeking the payment of the agreed amount under the instant letter of undertaking.

On August 21, 2018, the Seoul Southern District Court rendered a judgment that “The Promotion Committee shall pay to the Plaintiff the amount of KRW 23,500,000 and the amount calculated by the rate of KRW 15% per annum from March 20, 2018 to the date of full payment” (hereinafter “instant judgment”) (hereinafter “instant judgment”). The instant judgment became final and conclusive around that time as the Promotion Committee’s appeal was dismissed.

B. On July 20, 2016, the committee of promotion of the fund management agency contract between the promotion committee and the defendant entered into a fund management agency contract (hereinafter “instant fund management contract”) with the defendant and the agent company E, which is the defendant and the agent company, to efficiently manage funds for the project for the main complex construction of the Yangcheon-gu Seoul Metropolitan Government District Housing Association (hereinafter “instant project”), which is implemented by the promotion committee, to entrust all the fund management affairs related to the instant project, including the members’ contributions, to the defendant (hereinafter “instant fund management contract”). The main contents are as follows.

“A” means the promotion committee, and the committee.