조합원 분담금반환
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Facts of recognition;
A. A. Around July 31, 2017, the Plaintiff applied for membership to the Defendant [the at the time (tentatively named “B Housing Association Promotion Committee”) and transferred KRW 37,50,000 to the Defendant as the Defendant’s share of the cooperative members and KRW 27,500,000,000,000 for the agency expenses.
B. On December 12, 2017, the Plaintiff agreed to withdraw from the Defendant and requested a refund of the amount paid to the Defendant. On the same day, the Defendant drafted a letter of commitment stating that “10 million won is expected to be refunded until January 25, 2018, and the agent fee of KRW 27.5 million is expected to be refunded when the substitute partner pays the agency fee.”
C. On January 29, 2018, the Plaintiff received a refund of KRW 10 million from the Defendant, and the Defendant promised to refund KRW 500,000 to the Plaintiff on March 29, 2018, KRW 7.5 million up to March 13, 2018, KRW 7.5 million up to March 23, 2018, KRW 7.5 million up to March 23, 2018, and KRW 7.5 million up to March 30, 2018.
“,” has drawn up a letter of commitment. D.
On March 14, 2018, the Plaintiff received an additional refund of KRW 4 million from the Defendant.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff KRW 23.5 million (=27.5 million - 4 million) according to the letter of undertaking (Evidence A No. 4) dated January 29, 2018, and to pay damages for delay from the day following the due date of each agreement.
(1) The Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from March 20, 2018 to the day of full payment, as the date following the delivery of a copy of the complaint of this case (payment order) after the due date for payment of KRW 23.5 million to the Plaintiff.
3. Conclusion, the plaintiff's claim of this case is justified, and the court of first instance has accepted it.