1. The defendant shall pay 149,50,000 won to the plaintiff and 20% per annum from January 24, 2014 to the day of complete payment.

This case is related to this Court 2014Gahap103894 and related cases filed by the plaintiff against C individual who is the president of the defendant association.

Facts of recognition

The defendant association is a cooperative established on September 7, 2007 in order to implement a residential environment improvement project for removing the ground housing and commercial buildings and constructing new apartment units by making the Seoul Yeongdeungpo-gu Seoul Metropolitan Government D D branch as a rearrangement project implementation zone, and the plaintiff is a member of the defendant association.

Details concerning the occupancy charges and relocation expenses of the association members in the articles of incorporation of the defendant association shall be as specified in attached Table 1.

Around June 2009, the Defendant Association awarded a contract to remove the existing buildings within the implementation zone and build new apartment and auxiliary facilities (Evidence No. 4; hereinafter “instant apartment construction project”) (hereinafter “instant contract”) with the non-party profit industry development corporation (hereinafter “non-party company”) (hereinafter “the instant contract”). Among them, details relating to the union members’ occupancy charges and relocation expenses are as shown in attached Table 2 contract.

According to Article 32 of the articles of incorporation and Article 5, 12, 13, and 31 of the Agreement, in the case of relocation expenses, the non-party company lends interest to its members without interest and is required to receive the payment from its members on the designated date of relocation. In the case of the partnership occupancy charges, the association members shall pay the occupancy charges to the association and the above occupancy charges shall be appropriated for the construction project expenses of the non-party

However, even though the non-party company, who is the contractor, agreed to lend the relocation expenses for moving to its members without interest, the non-party company and the non-party company, who did not have the funds, had the funds borrowed from the financial institution directly (the interest on the loans shall be borne by the non-party company until the designated date for moving). The plaintiff, a member of the company, as the borrower, was the moving expenses from the bank on December 1, 2009.