약정금
The Defendant-Counterclaim Plaintiff C (Counterclaim Defendant, the appointed party), KRW 20,400,00, and KRW 26,900,000, respectively, to Plaintiff (Counterclaim Defendant, the appointed party), D and E.
1. Facts of recognition;
A. The Defendant Union is a non-corporate body established to carry out a housing construction project at the Flified F Co., Ltd., and Defendant C is the president of the Defendant Union.
B. Around June 2015, both the Plaintiff and the Appointed D and E (hereinafter referred to as “Plaintiffs”) joined the Defendant Partnership and paid the share of expenses under the Defendant Union’s membership agreement from that time.
However, as the business of the Defendant Union did not proceed as scheduled, the Plaintiffs found Defendant C around December 2018 and demanded the return of installment payments and interest paid up until the time they filed a complaint against Defendant C’s misconduct. As a result, the Plaintiffs and the Defendants drafted an agreement on December 7, 2018 (hereinafter “instant agreement”) with each of the Plaintiffs and the Defendants. The main contents are as follows.
Contents of Agreement: At the end of December 7, 2018 of the Agreement on the Performance of Agreement following the Cancellation of Membership Agreement and the Withdrawal of Membership Agreement, the Agreement for the Admission of Members signed by three (3) members shall be terminated, and accordingly the withdrawal of Members shall be confirmed.
Article 2 Restoration to the original state for the cancellation of membership agreements by the members of the Association (hereinafter referred to as the "Defendant C") shall be jointly and severally paid to A, 50,400,000, 51,400,000 won to B, and 51,400,000 won to C, and 51,400,000 won to C, and 7,50,000 won for interest on the contributions paid to C to C, respectively, within February 28, 2019.
Article 5. The payment and non-performance shall be paid the amount under Article 2 by the payment date which is promised after the agreement, but any legal measure shall be taken if the payment is not possible.
C. On February 28, 2019, Defendant C transferred KRW 31,000,000 to the Plaintiff’s account, and Defendant C transferred KRW 54,000,000 to each of the Defendant Cooperative on March 4, 2019.
Relevant provisions of the articles of incorporation of a defendant's association are as follows:
Article 11 (Transfer of Status of Members) (1) Members shall transfer their rights.