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(영문) 전주지방법원군산지원 2014.07.18 2013가단53231
기타(금전)
Text

1. The Defendant’s KRW 32 million to the Plaintiff and the Plaintiff’s 5% per annum from February 20, 2013 to September 23, 2013.

Reasons

1. Fact-finding [Grounds for Recognition] Gap 1 through 16 (including each number), Eul 4, and 5, the results of the plaintiff's newspaper, the whole purport of the pleadings, and the purport of the whole pleadings, are the cooperatives established to promote the construction of apartment buildings, commercial buildings, and auxiliary facilities below national housing size (hereinafter "the project of this case") at the Gunsan-si C, and the establishment authorization was obtained on November 15, 201.

On April 25, 2011, the Plaintiff entered into a regional housing association agreement (hereinafter “instant agreement”) with the Defendant and the Defendant to delegate most of the right to implement the instant project to the Defendant, and to purchase one household (105 Dong 1004) among apartments to be constructed under the said project.

The Plaintiff paid to the Defendant KRW 13 million on the date of the instant contract ( KRW 9 million on the contract deposit), KRW 13 million on November 2, 201, KRW 13 million on November 2, 201 ( KRW 4 million on the second down payment) and KRW 10 million on December 26, 2011.

In the process of implementing the project of this case, the contents of the first sale advertisement and the promotion of the project were different due to the changes of the contractor in several times, and a large number of the union members expressed their intent to terminate the subscription contract to the defendant union and the agency company.

On August 17, 2012, the Plaintiff also expressed to the president of the Defendant Union the intent to terminate the instant contract, and issued a written confirmation from the Defendant Union that “I confirm that I will pay the down payment (28 million won) and the agency business expenses (4 million won) to the number of houses in which the Defendant Union joined the B Regional Housing Association” (hereinafter “instant written confirmation”).

On December 1, 2012 and December 7, 2012, a resolution was made to the same effect as the statement of the instant written confirmation with respect to those who had already expressed their intent to terminate the contract before the said extraordinary general meeting, including the Plaintiff, through the board of directors.

On February 19, 2013, the defendant union's new construction project from the military market.

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