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(영문) 광주지방법원순천지원 2015.11.26 2014가합3314
약정금
Text

1. The Defendant’s KRW 32,179,200 as well as the Plaintiff’s annual rate from November 25, 2014 to November 26, 2015, and the following.

Reasons

1. Basic facts

A. From July 2, 2002 to January 31, 2012, the Defendant served as the former secretary of the Plaintiff’s association and retired from office. From May 22, 2012, the Defendant served as a director of the Plaintiff’s association from May 22, 2012, and was appointed as the president of the Plaintiff’s association on February 15, 2015.

B. On March 15, 2010, the Plaintiff entered into a sales contract with the Defendant to purchase the sales price of KRW 1,373,250,000 (C land KRW 166,250,000 (C land KRW 1,207,000) for the purchase price of KRW 1,373,250,000 (hereinafter “instant land”) on a total of KRW 1,250,000,000, in order to relocate the office of the head office, and completed the registration of ownership transfer on April 15, 2010.

C. On May 13, 2010, the Plaintiff announced a new construction of the main building to be newly built on the instant land as a successful bidder, stating that “A bidder who bided at least 70/100 of the persons who bid at a price lower than the Plaintiff’s estimated price, among those who bid at a price lower than the Plaintiff’s estimated price, shall be a successful tenderer.”

Then, on June 1, 2010, the construction promotion committee of the Plaintiff Union prepared an estimated price report stating the expected value of new construction and electricity, telecommunication, and fire fighting construction in KRW 1,656,221,442.

The plaintiff's new construction project tender of the main office participated in seven companies, and the plaintiff determined as a successful bidder the oil tower engineering firm corporation (hereinafter referred to as "stock engineering") which presented 1,660,864,000 won of the bid price.

E. From April 19, 2011, the E Union Federation (hereinafter “E Federation”) conducted a special audit on the Plaintiff from April 19, 201 with respect to the purchase of land from the Defendant, who is an employee of the union, and the selection of the construction company as a result of a violation of the tender regulations.

On April 22, 2011, F of the inspection team leader of the E-Federation attended the Plaintiff's Emergency Council and reported the audit results, and requested two external appraisal agencies to request the decision of the purchase price of new land at the head office.

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