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(영문) 대구지방법원 2016.08.16 2016가단111079
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 17,60,000 and the interest rate of KRW 15% per annum from April 15, 2016 to the day of complete payment.

Reasons

1. There is no dispute between the parties to the underlying facts, or the following facts may be acknowledged in full view of the purport of the entire arguments in the statements in Gap evidence Nos. 1 to 6 (including paper numbers), Eul evidence Nos. 1 and 2:

The defendant is a regional housing association established for the purpose of stabilizing the residential life of its members by constructing housing on the housing of approximately 33,225.08 square meters of Daegu Suwon-gu and about 136 lots.

B. On March 18, 2015, the Plaintiff entered into an association membership agreement with the Defendant, and paid the Defendant KRW 154,000,000 in total, as a contribution (hereinafter “association fee”) on March 18, 2015, and on March 31, 2015, the Plaintiff paid KRW 44,00,000 on March 31, 2015, and KRW 6,000 on June 25, 2015.

C. On September 15, 2015, the Plaintiff expressed his/her intent to withdraw from the association to D, which was the head of the Defendant’s partnership, and the said D agreed on November 24, 2015 to approve the Plaintiff’s withdrawal from the association and to refund the full amount of the contributions (association dues) paid to the Plaintiff.

The defendant, through a general meeting, made a decision to refund in full within 10 days after the date of receipt of the written request for withdrawal (the first priority to the disqualified person) and the date of receipt of the written request for withdrawal, and on April 10, 2016, the defendant made a decision to refund after deducting all expenses incurred in the operation of the partnership even in cases where a non-authorized member withdraws from the special meeting on the same date as the authorized member in cases where he withdraws from the general meeting.

2. The parties' assertion

A. On September 15, 2015, the Plaintiff expressed his/her intent to withdraw from the association members to D, who was the head of the Defendant’s partnership. Accordingly, D, based on the resolution of the general meeting, agreed on November 24, 2015 to approve the Plaintiff’s withdrawal from the association members and to refund the full amount of the contributions that was paid to the Plaintiff. Of the agreed amount of KRW 136,400,000, out of KRW 154,000, the Plaintiff already received a refund of KRW 136,40,000, the Defendant is obligated to pay to the Plaintiff the remainder of the agreed amount of KRW 17,60,000 (=154,000,000 - 136,40,000), and damages for delay.

B. The defendant's assertion.

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