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(영문) 광주지방법원 2020.08.25 2019가단542832
약정금
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. Defendant D Regional Housing Association (hereinafter “Defendant Association”) is a regional housing association established for the purpose of constructing and supplying to its members an apartment building with a scale of 423 households in the FJ in Gwangju Northern-gu (hereinafter “instant project”). Defendant B (hereinafter “Defendant Company”) is an agent of the instant project; Defendant C is the representative director of the Defendant Company; Defendant E is the representative director of the Defendant Company; and Defendant E is the representative director of the Defendant Association from September 4, 2015 to April 6, 2017.

B. On August 30, 2015, the Plaintiff concluded a partnership membership agreement (hereinafter “instant contract”) with the Defendant’s members of the District Housing Association Promotion Committee prior to the authorization for the establishment of the Defendant Association, whereby the Plaintiff would purchase Gho Lake (84A) from among the apartments of the Regional Housing Association to be newly constructed, and that the Plaintiff would bear KRW 279,909,000 and the agency cost of KRW 15,00,000 and would become the Defendant’s members.

C. Since then, on March 21, 2016, the Defendant Union obtained the establishment authorization from the Gwangju North-gu Office, and received comprehensive succession of all rights and obligations from the said promotion committee.

Under the instant contract, the Plaintiff paid KRW 49,000,000 in total as a partner’s contribution and agency expenses by transferring the money to H Co., Ltd.’s account, a financial manager, from August 2015 to April 2016 under the instant contract.

E. Defendant C and E: (a) signed and sealed each of their own names stated in a written confirmation (hereinafter “instant confirmation”) as follows; and (b) the private person was private after signing the written confirmation.

The general meeting of the certified regional housing association members shall proceed until the end of February 2017, and the members A shall be terminated by March 31, 2017, and a written confirmation shall be delivered to A by March 31, 2017, both the down payment and intermediate payment deposited by A and to A by March 31, 2017.

45 million won shall be paid in full.

4 million won shall be borne by A at advertising expenses.

D. Agents.

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