A. On January 2, 2018, the Plaintiff entered into a membership agreement with the Defendant (hereinafter “instant contract”) and paid KRW 77,800,000 to the Defendant as a partner contributions and agency expenses.

B. Upon entering into the instant contract, C, the Defendant’s representative, stated in the instant contract that “If it fails to obtain the approval of the project during March 2019, among the projects of the B regional housing association, the amount of payment (contributory charges and agency expenses) would be refunded.”

(hereinafter referred to as “instant undertaking”). C.

The defendant was not authorized to establish the association or to approve the project plan until the closing of the argument in this case.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The judgment of this Court

A. According to the above facts of recognition as to the cause of the claim, since the Defendant failed to obtain business approval until March 2019, the Defendant is obligated to pay the Plaintiff the amount of KRW 77,800,000, including agency expenses, and damages for delay at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the day following the delivery date of a copy of the complaint of this case sought by the Plaintiff, pursuant to the instant undertaking.

B. The Defendant’s assertion 1) The Defendant’s assertion (1) is premised on the Plaintiff’s voluntary withdrawal, and the Plaintiff did not file an application for voluntary withdrawal (hereinafter “instant promise”).

(2) Article 8 of the instant contract provides that when a partner intends to withdraw from a cooperative, the principal of the cooperative contributions paid by the withdrawing partner shall be refunded only in cases where a new or alternative partner who succeeds to the rights and obligations of the member and paid the cooperative contributions. Thus, the meaning of the instant promise that the Defendant prepared to the Plaintiff shall be interpreted to mean that the Plaintiff would receive the subscription of the new or alternative partner and refund the cooperative contributions, and therefore, it shall result from voluntary withdrawal.