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(영문) 대구지방법원 2019.11.20 2018가단135277
기타(금전)
Text

1. The Defendant’s KRW 78,00,000 and the Plaintiff’s annual rate of KRW 5% from July 6, 2019 to November 20, 2019, and the following.

Reasons

1. Facts of recognition;

A. On March 15, 2015, the Defendant obtained authorization for the establishment of the housing association from the head of Daegu-gu head of the Gu on June 9, 2015, to a regional housing association established to promote a housing construction project as a project implementation district, and to hold an inaugural general meeting on March 15, 2015.

B. On February 3, 2015, the network D (hereinafter “the network”) entered into a membership agreement with the Defendant to purchase a main complex apartment with an exclusive area of 84 square meters in KRW 440,00,000 (hereinafter “instant agreement”) and to purchase a charge of KRW 20,00,000 on the same day, and the same year.

6.12. Each of the contributions was paid 68,000,000 won.

C. The main contents of the instant contract are as follows.

(A) “A” means the Defendant, and “B” means the Deceased). Article 1 (Definition and Purpose)

1. The purpose of this project is to procure and operate the funds and to carry out other necessary projects in supplying the housing of the members of the association for promoting the stabilization and improvement of the residential life which is the cause of the members of the association;

2. “A” and “B” shall, in accordance with the provisions of the Code of the Association, endeavor to ensure that the project for the preparation of a happy house is completed at the successful outcome by fulfilling their responsibilities on the basis of good faith, good faith, and cooperative principles until the completion of the project.

Article 3 (Members' Contributions)

1. The shared amount of association members shall include land purchase costs, construction works costs, design and supervision costs, removal costs, civil petition treatment costs, service costs, and other costs and expenses incurred in performing this project (such as costs for the construction of model houses);

2. “B” shall pay the following contributions by the due date according to the following schedule of payment of contributions:

Article 8 (Omission of Payment Schedule for Cooperative Members' Contributions)

3. The contributions of members include agency expenses (10 million won/households). Article 7 (Disqualifications for Membership)

3. Where “B” loses membership or withdraws from a cooperative because it falls under paragraphs (1) and (2), only the paid principal excluding agency expenses among “members’ contributions” already paid.

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