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(영문) 수원지방법원 2015.11.26 2015나19497
용역비
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The Plaintiff’s assertion concluded a membership agreement of the regional housing association B, and paid KRW 7.7 million as stipulated in the above contract.

However, the defendant did not explain that additional contributions, etc. may be borne according to the promotion of the partnership's business when concluding the above contract. This constitutes an important content of the contract, and the plaintiff cancelled the above contract.

Therefore, the defendant is obligated to return KRW 7.7 million already paid to the plaintiff.

2. Determination

A. There is no dispute between the parties to the facts of recognition, or the following facts can be acknowledged in full view of the purport of the entire pleadings in the entries in Gap evidence Nos. 4 and Eul evidence Nos. 1 and 2.

Article 7 (Expenses for Services Performed by Cooperative) Members shall deposit 770,000 won for services to be performed by a cooperative to the project executor of the cooperative in order to smoothly implement the business of the cooperative.

The above amounts are separate from the contributions of members.

Article 8 (Contributions to Members) Cooperative members' contributions shall refer to land purchase expenses, construction expenses, design expenses, supervision expenses, removal expenses, various authorization and permission expenses necessary for the construction of multi-family housing, other project expenses, and all other amounts paid by cooperative members for the implementation of housing projects.

1) On June 12, 2014, the Plaintiff is a regional housing association that promotes the business of constructing apartment units on the ground (hereinafter “instant association”) on the land outside C and 91 parcels of land, the Plaintiff’s business of constructing apartment units (hereinafter “instant association”).

2) The Plaintiff’s membership agreement between the Plaintiff and the Plaintiff (hereinafter referred to as “instant membership agreement”).

(2) The Plaintiff signed a written confirmation of the contents of the instant agreement and signed and sealed its seal on the “written confirmation of the contents of the agreement (Evidence No. 1)” to confirm that the Plaintiff had been informed of the details of the instant agreement after concluding the instant agreement to join the association, and the said confirmation was signed and sealed, and the costs of the Plaintiff’s purchase price and other expenses of the association members, and the extension cost.

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