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(영문) 서울남부지방법원 2017.06.22 2016가합2674

약정금 등

Text

1. The defendant shall pay 40,000,000 won to each of the plaintiffs and 15% per annum from August 25, 2016 to the day of complete payment.

Reasons

. Matters necessary for the repayment, etc. of obligations shall be governed by the relevant provisions of the Civil Act;

- Article 52 (Duties of Liquidators) Liquidators shall faithfully perform the following duties:

1. Termination of business of the existing association;

2. Recovery of claims and discharge of obligations;

3. Disposal of residual assets.

4. Other matters necessary for liquidation - Where a cooperative has obligations and residual assets after the completion of liquidation under Article 53, the cooperative shall distribute them fairly to maintain equity by comprehensively taking into account the land or buildings sold to members as at the time of dissolution, the expenses to be borne by the cooperative, etc.

On April 10, 2013, the instant association and the Defendant’s entrustment of the construction contract and the Defendant’s business of the instant association entered into a construction contract with the Defendant (hereinafter “instant construction contract”) and the main contents thereof are as follows.

[Report on Construction Contract] The actual cost of the construction project: the actual cost of the reconstruction project: 6,62,581,180 won (* the tax, public and private charges, and 5% of the 5% of the 5% of the 50% of the 50% of the 50% of the 48 households in total shall be all the 20 members of the 48 households in total, 28 households in general, and the 28 households in general, and the 28 household members of the collection household, excluding 40,000 won per 40,000 won in total.

* Contract deposit: The balance settlement amount (other than relocation expenses, term loans, tenant deposits, and other expenses) by security deposits for the Liquefied site will be replaced by the total proceeds from the sale of 28 households out of 20 households after the completion of construction.

Matters of special agreement

1. It shall not charge members when additional expenses are incurred in the construction work;

19. The current resident restitution company shall be simultaneously in liquidation of the main project.

Articles 21 (Completion) and 21 (Completion) (1) "B" shall notify "A (the instant union)" when the construction is completed, and "A" shall conduct an inspection without delay in the presence of "B" after being notified.

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