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(영문) 전주지방법원 2020.06.11 2019나1568
추심금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. C Regional Housing Association (hereinafter “instant association”) was established in order to promote a new project of the Gun E Regional Housing Association in the Dosan-si of the Do Council members of the Dosan-si (hereinafter “instant project”) and was authorized to establish a new project under the Housing Act on June 16, 2017. However, the instant project was not conducted in the state of failure to recruit additional members and was actually dissolved without obtaining approval of the project plan on the instant project.

B. On April 8, 2016, the Defendant entered into a contract with F Co., Ltd. (hereinafter referred to as “agent”) on behalf of the competent union members for the management of funds (hereinafter referred to as “instant fund management contract”) with the content that he/she is delegated with the affairs concerning subscription payment, consulting service cost for partnership affairs, receipt, management and enforcement of union contributions (hereinafter referred to as “instant fund management contract”) and performs the proxy management affairs under the said contract.

The main contents of the Fund Management Contract of this case are as follows.

Article 3 (Definitions of Terms)

2. The term "members" means persons who meet the standards for members under related Acts and subordinate statutes, such as the Housing Act, and who have concluded a membership agreement with the instant association and paid contributions to members and consulting services for the affairs of the association;

3. The term "subscriber" means a person who expresses his intention to join the instant association as a member;

4. "Subscription money" means the subscription money paid by the subscriber to the association in order to apply for subscription to the project in this case as a member;

5. The term "consulting service charges for cooperative affairs" means the amount that members (including subscribers) pay separately from the contributions of cooperative members to perform all the affairs of cooperative affairs of the project in this case;

6. The term “members’ contributions” shall have been completed after the completion of the instant project in accordance with the internal regulations of the Association.

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