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(영문) 부산지방법원 2020.11.12 2019가단11360
약정금
Text

The defendant's KRW 84,720,000 for the plaintiff and its 5% per annum from May 22, 2020 to November 12, 2020.

Reasons

1. Basic facts

A. The Defendant is an organization formed for the implementation of the new apartment construction project by using the Busan Geum-gu Won as the project site. On August 9, 2017, the Plaintiff entered into an agreement with the Defendant to join the association (hereinafter “instant subscription agreement”).

B. The main contents of the instant subscription agreement are as follows.

Article 7 (Shared Charges of Members and Management thereof)

6.The administrative service costs paid by “B (referring to a partner; hereinafter the same shall apply)” shall not be refunded in any case where the validity of a partnership agreement is terminated prior to the cancellation of a contract, withdrawal from a partnership, replacement of union members, or other completion of partnership accounts, and shall be paid separately at the later time of re-admission. Article 10 (Adjustment and Compensation for Damages)

1. The Defendant may terminate the contract immediately upon the occurrence of any of the following acts, without the peremptory notice of performance or any other separate measure, and in this case, the eligibility of “B” as a member of the instant association shall be automatically lost, and in this case, “B” shall not raise any civil or criminal objection against the instant membership agreement for the smooth promotion of the instant project:

5 When the “B” commits an act detrimental to the common interest of the project.

2. When intending to withdraw voluntarily due to the circumstances of “B”, a statement of withdrawal from partnership shall be submitted to the Defendant 14 days prior to the date of withdrawal, accompanied by a certificate of the personal seal impression for withdrawal from partnership, and withdrawal shall not be

4. Where a membership agreement of “B” is terminated pursuant to paragraphs 1 and 2 above, a refund shall be made after deducting a down payment 1 and 2 from the contributions.

In such cases, no administrative service fee shall be refunded.

In addition, the time of refund is to be returned to the account of the subscriber when the deposit is completed by replacing the new member and the general buyer.

8. Where the instant subscription contract is terminated due to the Defendant’s fault, “B” shall be paid.

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