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(영문) 서울동부지방법원 2019.07.16 2018가단122176

계약금 반환 등 청구의소

Text

1. The Defendant’s KRW 16,626,00 for the Plaintiff and KRW 5% per annum from April 1, 2017 to July 16, 2019.

Reasons

1. Basic facts

A. The Defendant is a regional housing association that obtained authorization for establishment around June 26, 2014, and is the implementer of a project that newly constructs a main complex building with three floors underground and 26 floors above the ground level in Seoul Special Metropolitan City Gwangjin-gu, Seoul Special Metropolitan City (305 households, officetels 180 rooms, and sales facilities).

B. On September 17, 2014, the Plaintiff entered into a contract with the Defendant Cooperative (hereinafter “instant contract”).

The main contents of the instant contract are as follows.

The Defendant shall faithfully promote the said new construction project and supply the Plaintiff with one apartment household (exclusive area of 38 square meters), and the Plaintiff shall pay the Plaintiff members’ contributions of KRW 332,520,000 and KRW 17,000,000 for business promotion expenses.

The above project implementation is conducted on behalf of D Co., Ltd., and the remuneration therefor shall be paid as business promotion expenses paid by the plaintiff.

Article 8 (Business Promotion Expenses) (2) Business Promotion Expenses shall not be refunded or refunded at the time of cancellation of the contract as prescribed in Article 12, as agent remuneration from the date the plaintiff applied for joining the association to the time of occupancy and liquidation of the association

Article 12 (Cancellation of Contract and Compensation for Damages) (1) The defendant may cancel the contract immediately after the conclusion of the contract in this case without taking other necessary measures, such as the peremptory notice of performance, where the plaintiff engages in any of the following acts, and the defendant shall refund without interest the balance equivalent to 10% of the union members' contributions paid by the plaintiff after deducting the amount equivalent to 10% of the union members' contributions from penalty, and the business promotion expenses shall not be refunded since the whole amount belongs to D Co., Ltd., and the payment date of the refund shall not be refunded, and the refund shall be made in case the plaintiff takes over the rights and obligations of the withdrawing or expelled person and completes the deposit by replacing it with a new union

5. Where a resolution is passed by the board of directors or the board of directors to dismiss an association member or the board of directors because he/she fails to pay the prescribed contributions on at least two occasions, or fails to perform his/her obligations under Article 12 of the

7.This paper.