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(영문) 부산지방법원 2020.08.11 2020가단302376
약정금
Text

1. The defendant's KRW 100,310,000 and its amount shall be 5% per annum from June 30, 2020 to August 11, 2020 to the plaintiff.

Reasons

1. Facts of recognition;

A. The defendant is an organization established to promote the new construction, sale, etc. of multi-family housing (hereinafter "the project in this case") in Busan Jin-gu C.

B. On May 1, 2017, the Defendant: (a) drafted and issued to the Plaintiff a certificate of safeness stating that “I will refund the full amount at the time when the establishment authorization of the association was not granted (the time of filing an application for authorization to establish the association within 2017)” (hereinafter “instant agreement”); and (b) the content of the agreement is referred to as “instant agreement.”

C. Meanwhile, on August 2, 2017, the Plaintiff believed that the procedure for approving the establishment of an association will be conducted in accordance with the instant agreement, and concluded a partnership joining agreement with the Defendant (hereinafter “instant joining agreement”) on July 31, 2017, the Plaintiff paid KRW 5,000,000 as the down payment, KRW 23,000,00 as the down payment, KRW 23,000 as of September 4, 2017, and KRW 22,310,000 as of June 26, 2018, and KRW 50,000 as to the affiliated loan, and KRW 40,00 as of May 31, 2019.

In June 12, 2018, the defendant did not apply for authorization to establish a partnership within 2017, and thereafter, the defendant applied for authorization to establish a partnership with only a list of partners, and rejected the application for authorization to establish a partnership filed on May 1, 2019.

[Ground of recognition] The non-contentious facts, Gap evidence Nos. 1 through 5 (including virtual numbers), fact-finding reply to Busan District Office of Busan District, the purport of the whole pleadings

2. According to the above facts of recognition, the Plaintiff applied for authorization to establish an association within 2017 years at the time of the instant agreement, and concluded the instant subscription agreement with the Defendant’s undertaking that the amount to be paid should be refunded at the time of the application for non-registration.

Therefore, the fact that the application for change of the cause of the claim on June 22, 2020 was delivered to the defendant on June 29, 2020 is clear in the record that the plaintiff's intention to revoke the above subscription contract on the ground of mistake was omitted, unlike the above commitment.

Thus, the contract of this case is revoked by the plaintiff.

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