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1. The Defendant’s KRW 1,049,366,919 as well as the Plaintiff’s KRW 5% per annum from February 26, 2015 to April 8, 2015.
Reasons
1. Facts of recognition;
A. The Plaintiff-party status union is the Housing Reconstruction Project Association established on February 28, 2006 in order to execute the business of rebuilding apartment (hereinafter “instant apartment”) on the land outside Seocheon-gu, Seocheon-gu, Seocheon-gu and 99 lots, and the Defendant was appointed as the president of the Plaintiff Union on February 28, 2006 and served as the head of the Plaintiff Union until he/she was dismissed by a resolution of the members’ general meeting.
B. On June 3, 2012, the Plaintiff Union and the Plaintiff Union agreed to settle the construction cost between the Plaintiff Union and the KCC Construction Co., Ltd. (hereinafter “KC Construction”)
B) As to the apartment in this case, the Plaintiff Union delegated the entirety of the right to sell the unsold apartment units, commercial buildings, etc. among the apartment in this case to the KC Construction, and the KC Construction agreed to complete the settlement of construction cost between the Plaintiff Union and KC Construction by appropriating all the sales revenue to be obtained from the sale of the unsold apartment units, commercial buildings, etc. in this case for the payment of the construction cost of the apartment in this case (hereinafter “instant settlement agreement”).
(2) Meanwhile, on June 3, 2012, the Defendant deposited the sales revenue of KRW 7,200,473,000, out of the sales revenue delegated by the Plaintiff Union pursuant to the instant settlement agreement, to the Defendant, and the sales revenue of KRW 14,00,00,00, which is the appraised value of KRW 7,200,473,000 for the unsold commercial building 14, as stipulated in the instant settlement agreement by September 30, 2012, into the joint account of the Plaintiff Union and the KC Construction; and the sales revenue exceeding the above KRW 7,20,473,00,00, exceeds the sales revenue of KRW 7,200,473,00 shall be deposited into the cooperative account, etc. designated by the Defendant; and if the Defendant deposited the sales revenue of KRW 7,200,473,000 on or before September 30, 2012, the Defendant may dispose of the remaining commercial building at will.