계약금반환
1. The Defendant shall pay to the Plaintiff KRW 32,00,000 and the interest rate of KRW 15% per annum from April 3, 2018 to the date of complete payment.
1. The following facts are recognized as either a dispute between the parties or in full view of the evidence of Nos. 1 to 13, No. 2, 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 on the site of Ulsanbuk-gu D Day.
(Date of Authorization for Establishment: April 3, 2015). (b)
On July 28, 2014, the Plaintiff entered into a contract with the Defendant’s Promotion Committee, which the Plaintiff joined as the Defendant’s partner, and the contents related to this case are as follows.
1) The Plaintiff paid KRW 42,00,000 to the Defendant (i.e., KRW 10,000 for the first 16,000,000 for the second 16,000 for the second 16,000 for the third 16,000 for the third 16,000 for the part payment), KRW 96,000 for the part payment (each 12,00,000 for the sixth 6 months), and KRW 170,000 for the remainder 32,00,000 for the remainder. Of the total 170,000,000 for the remainder 160,000 for the remainder 160,000 for the business promotion expenses, and KRW 42,000 for the remainder 10,000 for the remainder 10,000 for the part of the contract deposit and the down payment.
3) The down payment amount shall be refunded in full at the time of refund due to the deprivation of membership, withdrawal from partnership, failure to implement partnership projects, etc., and the business promotion expenses shall not be refunded. The time of refund shall be determined in accordance with the provisions of the Union Regulations. D. The Plaintiff paid the full amount of KRW 42,00,000 to the Defendant during the period from July 28, 2014 to December 25, 2014. (e) The parts relating to the instant case in the Defendant’s Union Regulations are 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: All the amounts paid by partners to unions for the promotion of projects, such as operating expenses of unions, land purchase expenses, and construction expenses, shall refer to qualification requirements for partners under Article 8 (Qualification for Members) of the Housing Act and subordinate statutes;