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(영문) 부산지방법원서부지원 2020.10.22 2018가합100637

기타(금전)

Text

The Defendants jointly and severally against the Plaintiffs as to each of the money stated in the claim amount in the separate sheet No. 1 list and each of the said money.

Reasons

1. Basic facts

A. The party’s status 1) Defendant H District Housing Association establishment promotion committee (hereinafter “Defendant H District Promotion Committee”)

(1) The Seo-gu Busan High Court (hereinafter referred to as the “instant project”) carries out the business of constructing multi-family housing and supplying housing to its members, etc.

A) An organization established to implement the project of this case, and the “(tentative) H District Housing Association Establishment Promotion Committee (hereinafter “instant Promotion Committee”) which is a telegraph of the Defendant Promotion Committee is an organization temporarily organized to prepare for the project of this case, including holding the Defendant’s inaugural general meeting. Defendant I Co., Ltd. (hereinafter “Defendant I”).

(2) The Plaintiffs entered into an agreement with the instant promotion committee to enter into an association with the agent who entered into a service contract on behalf of the instant promotion committee and the instant promotion committee and became a member of the Defendant promotion committee.

B. The Plaintiffs entered into each of the instant agreements for joining the association (hereinafter “each of the instant agreements for joining the association”) between February 3, 2017 and December 4, 2017, between the instant promotion committee and Defendant I, and between Defendant I, the Plaintiffs are the members of the Defendant Promotion Committee, and Defendant I is selected as an agent (hereinafter “each of the instant agreements for joining the association”).

(2) After concluding each of the instant agreements, the Plaintiffs paid the same money as indicated in the separate list No. 1 as the cooperative contributions or business promotion expenses to the Defendant Promotion Committee via K or corporation under each of the instant agreements for joining the association. (2) Meanwhile, at the time of concluding each of the instant agreements for joining the association, the Plaintiffs and the instant promotion committee provide that “The instant promotion committee shall refund all the down payment and business promotion expenses paid by the union members when the land problem occurs during the course of the project or when the project is not carried out, and the project is not carried out.” < Amended by Presidential Decree No. 28440, Oct. 31, 2017>