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(영문) 수원지방법원 2016.07.01 2015나35444

전부금

Text

1. The motion to intervene in the instant case shall be dismissed.

2. The defendant's appeal is dismissed.

3. The supplementary participation among the appeal costs shall be the same;

Reasons

1. Basic facts

A. The Plaintiff, the Defendant, and the Defendant Intervenor are members of the D Reconstruction Association (hereinafter “Non-Party Association”), and the Plaintiff and the Defendant Intervenor are creditors who have claims for the return of additional contributions that were paid to the Non-Party Association.

B. On June 16, 2010, the Plaintiff filed a lawsuit against the non-party cooperative seeking restitution of unjust enrichment with the Suwon District Court Ansan Branch (hereinafter “Banyang Branch”) 2010dan8202, and received the judgment that “the non-party cooperative shall pay to the Plaintiff KRW 69,502,60 and delay damages therefor,” and the said judgment became final and conclusive on July 8, 2010.

C. On the other hand, the Defendant agreed to be discounted by the rate of 8% per annum for the advance payment period (hereinafter “instant supply agreement”) in the case where the payment of the contribution is delayed, the Defendant would be provided with the contribution of KRW 37,000,000,000,000,000,000,000,000,000,000,000.

Under the supply agreement of this case, the damages for delay with respect to the charge that the defendant shall pay to the non-party union is KRW 9,545,655 as follows:

1. 20. 17. 17. 17. 17. 125, 50, 2030, 200415, 20030416, 207. 125, 200305, 207. 2008, 2005, 20405, 207. 2040, 2005, 207, 2049, 207, 205, 207, 205, 205, 207, 205, 207, 205, 207, 205, 205, 204, 205, 207, 204, 205, 204, 205, 207, 19, 205, 2004, 204