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(영문) 서울고등법원 (춘천) 2021.01.27 2019나51510
계약금반환 등
Text

1. The plaintiff (the appointed party) selected the defendant D Co., Ltd. in this court.

Reasons

1. The reasoning of the judgment of the court of first instance, citing the relevant part of the judgment of the court of first instance, is as follows: (a) the reasoning of the judgment of the court of first instance (excluding the part pertaining to the fifth conclusion) is identical to that of the judgment of the court of first instance (excluding the part pertaining to the fifth conclusion), and thus, citing it as it is in accordance with the main sentence

2. The Plaintiff, etc., on the 5th page of the revised portion of the 10th letter box, added “from January 23, 2016 to June 15, 2017” thereafter.

11 Under the 11th day, " was removed, or the Fund Management Contract of this case was terminated by the expiration of the period of the agency work," shall be amended to "........"

11 Under the following 3 conduct, “The Plaintiff, etc., filed several applications for the return of down payment and work promotion expenses with the Defendant Cooperatives, F, and G several times by the instant complaint, etc., and added “The Plaintiff, etc., requested the return of down payment and work promotion expenses.”

11 below the 11th day, indicate " and modify "" as "the 2nd action."

12. The 12. to 7. The 12.m. is terminated, “the term of office has expired or the term of office has expired,” shall be modified.

12 The following shall be added on the 8th day below:

In addition, Article 9(6) of the Fund Management Contract provides that all funds deposited in the Fund Management Account shall be withdrawn and executed with the written consent of the company scheduled for execution. Paragraph (8) of the same Article provides that no withdrawal of all funds shall be made before the establishment of the Regional Housing Association is authorized, but exceptionally, in the case of refund of cooperative dues, it is possible to withdraw and execute funds only when it is notified of the necessity for urgent payment to the company scheduled for execution or the due date for payment arrives.

In this regard, Defendant D returned 1,176,97,781 won to some of the members of Defendant D without giving notice to K Co., Ltd., a private person scheduled to execute construction, in violation of Article 9(6) and Article 9(8) of the instant Fund Management Contract.

Therefore, the defendant union is due to the defendant D's non-performance of obligations.

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