2019 Gohap50177 Action to recover unjust enrichment, etc.

1. A;

2. B

3. C.

4. D;

[Judgment of the court below]

Attorney Choi Dong-chul

Attorney Han-chul et al.

1. E regional housing associations;

Law Firm Suwon-ho, Counsel for the defendant-appellant

Attorney Kim Young-young

2. F;

3. G stock company.

4. H;

Defendant 3 and 4 Law Firm Barun, Counsel for defendant 3 and 4

[Defendant-Appellee] Plaintiff 1 et al.

5. Stock company 1.

6. J.

Defendant 5 and 6's Law Firm Seo-gu, Counsel for defendant 5 and 6

[Defendant-Appellant]

May 23, 2019

May 23, 2019

1. Defendant E Regional Housing Association, F, G Co., Ltd., and H jointly pay to each of the Plaintiffs the pertinent money indicated in the “amount of discount” in the attached Table and the money calculated at the rate of 15% per annum from January 15, 2019 to the date of full payment.

2. Each of the plaintiffs' claims against Defendant I and J and each of the remaining claims against Defendant E Regional Housing Association, F, G Co., Ltd., and H are dismissed.

3. Of the costs of lawsuit, the part arising between the plaintiffs and the defendant E Regional Housing Association, F, G and H shall be borne by the defendant E Regional Housing Association, F, G and H, and the part arising between the plaintiffs and the defendant I and J shall be borne by the plaintiffs.

4. Paragraph 1 can be provisionally executed.

The Defendants shall pay to each of the Plaintiffs A 37,180,000 won, 38,090,000 won, 42,310,000 won to Plaintiff C, 38,60,000 won, and 15% interest per annum from the day following the delivery of a copy of the complaint of this case to the day of complete payment.

1. Basic facts

A. A regional housing association promotion committee is an organization organized to promote the establishment, etc. of the regional housing association (hereinafter referred to as the “instant apartment”) that newly constructs the apartment (hereinafter referred to as “the instant apartment”) in the K of Il-si, Jin-si (108,357.68m in total floor area, 41,393m in business area, 32,787m in planned area), and Defendant E-based housing association (hereinafter referred to as the “Defendant E-based housing association in total between the promotion committee and Defendant E-based housing association”) obtained authorization for establishment from the Siljin market on June 10, 2016 and received comprehensive succession of all rights and obligations from the said promotion committee.

B. Around December 10, 2014, the Defendant Cooperative entered into the instant agency service contract (hereinafter referred to as the “instant agency service contract”) with the Defendant Company G (hereinafter referred to as the “Defendant Implementing Company”). The main content of the instant agency service contract is as follows.

업무대행 용역계약서제3조(용역업무의 범위)아래의 업무에 대해서 성실히 수행 및 보조한다.1) 조합원 모집에 관한 분양대행사 업무 보조4) 조합설립인가 조합업무 보조10) 토지매입 (소유권이전업무 포함) 업무 보조제4조(용역수수료 및 지급방법)1) 상기 목적물의 조합업무 대행용역업무의 수수료는 전체 세대수에 일금 팔백만원(₩8,000,000/부가세 포함)을 곱한 금액으로 한다.

C. Around April 16, 2015, the Defendant Union and the Defendant enforcement company entered into a contract for the recruitment of union members (hereinafter “instant contract for the recruitment of union members”) with the Defendant Stock Company (hereinafter “instant recruitment agency”). Around that time, the instant contract for the recruitment of union members was commenced. The main contents of the instant contract for the recruitment of union members are as follows.

(Ga)The scope of solicitation service contract for the members of LIEN events and gift events (the scope of solicitation service of this case) "(the solicitation service agency of this case)" shall be limited to advertising and solicitation service under the direction of the agency, and the responsibilities for subsequent solicitation service shall be limited to the agency and the affairs of solicitation service shall be as follows: 1. Establishment and execution of strategies for solicitation; 2. Employment and management of the number of solicitation persons (counseling, helpers, Does, TM, arbrates, etc.) 4. 6. Work plans and results of solicitation activities (the prior acceptance of subscription, consultation, etc.). 7. Receipt and management of civil petitions related to the recruitment of members of the Association and the performance of other terms and conditions of solicitation service contract (the term "the solicitation service agency of this case" shall not be limited to the terms and conditions of "the solicitation service agency of the Association members" and "the agency members of the Association" shall not be subject to any obligation to perform any of the terms and conditions of solicitation service and other terms and conditions" as "the service agency members of the Association members".

Compensation for damage.In the event of the production and distribution of all advertising materials directly produced by "B" for incidental advertising and external publicity except for the advertising in which "A" bears the cost, the prior approval shall be obtained after reporting the draft to "A" in advance and consulting with "A".

D. From April 2015, the Plaintiffs entered into a contract with the Defendant to join the E-Regional Housing Association on the instant business (hereinafter “each of the instant agreements to join the association”) as follows. The key contents of each of the instant agreements to join the association are as follows. The selective list of applicants for each of the instant agreements to join the association is indicated as the number of houses, Dongs, and units.

E 지역주택조합 가입계약서제2조(사업개요)위치: 충청남도 당진시 K 일대사업면적: 41,303.00㎡ (계획면적: 32,787.00m)연면적: 108,357.68㎡※ 상기 사업개요는 사업진행 과정에서 변경될 수 있으며, 사업계획승인 시 확정됨(대지면적은 확정측량 후 확정됨)제3조(사업에 대한 권한 위임)“을(각 원고)”은 “갑(피고 조합)”의 주택조합의 대표성을 인정하여 “을”의 권한 및 사업추진에 따른 다음 사항을 “갑”에게 위임한다.3. 주택조합 업무총괄(조합원 보짐, 조합설립인가 및 변경, 조합원 관리, 조합자금 차입 관리·집행, 조합의 청산 및 해산, 동·호수 추첨업무 등 기타 사업추진에 따른 모든 업무 일체)제4조(시공회사)

The Si Corporation of apartment shall be a stock company, and this Agreement shall be entered into on behalf of the “B” on behalf of the “B”. Article 8(Co., Ltd.)2. In the course of authorization and permission of the project, there may be an increase or decrease in the area of sale and a change in the scale of the project, and if any change is made, it shall be without objection to the modified project plan.6. The above shared amount shall be determined on the basis of the base floor(4-15 stories). The difference in the size of the apartment, building type, and housing area may be changed in the process of authorization and permission of the project plan and the difference in the cost of the project plan. (2) The members shall pay contributions corresponding to the number of designated Dongs and units, and the amount of money paid shall be settled at the time of the change in the project plan (the agreement of the Association members) and the agreement of the Association members (the agreement of the Association members) shall be in accordance with Article 12(No later than the date of entry into the project plan and the agreement of the Association members).

E. The Plaintiffs paid each of the following payments under the name of the Defendant Union’s members’ contributions and agency service charges.

A person shall be appointed.

A person shall be appointed.

F. At the time of entering into each of the instant agreements to join the association, the Plaintiffs issued a written consent to implement the project plan of the regional housing association (hereinafter referred to as “written consent”) including the following matters to the Defendant Union:

1. Consent of the implementation of the regional housing association project plan 1. A summary of the design of the new building 2.3. Project cost of the new building * The above plan * the regional housing association ? ? ? Dogggggggggg d d d d d d d d d d d d d d d d d d d d

G. Meanwhile, the Defendant Union dismissed Defendant F from the president of the partnership on January 12, 2019 with the permission from this court to convene an extraordinary general meeting on the grounds of embezzlement, etc. at the extraordinary general meeting, and appointed R as the president of the new partnership.

[In the absence of dispute over the basis of recognition, Gap evidence 4, Eul evidence 1 to 4, Eul evidence 1 to 4, Eul evidence 1 and 4, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiffs' assertion

1) After securing at least 95% of the land as the primary claim district housing association for the Defendant Union, it notified specific usual selling price after obtaining a project approval plan, or it was possible to designate Dong and Dong units through the Defendant City event and the Defendant Association secured 100% of the project site at the time of the instant contract to the Plaintiffs at around 2015, and it is possible to designate Dong and Dong units as the first-come-served unit, with the approval of establishment and approval of the project plan in 2016, and it was said that M& Co., Ltd. (hereinafter referred to as “M”) who is a large constructor takes part in the construction project in 2018, and that the sale price per usual unit is five million won or five million won is determined.

Therefore, the Plaintiffs concluded each of the instant agreements with the Defendant Union by designating the same and heading number, but as of the 2015 year in which the Plaintiffs concluded the agreement, the land for which the Defendant Union obtained the consent to use the land was limited to approximately 29% of the total project site area, and the Defendant Union and M did not conclude the construction contract between the Defendant Union and M. In addition, the Defendant Association did not obtain the approval of the project plan for the construction of the apartment until the closing date of the argument in the instant case, and the shares paid by the members due to the Defendant F’s occupational embezzlement and breach of trust shall be limited to all of the contributions paid by the members, and the sale of the land shall be at least nine million

As above, the defendants deceiving the plaintiffs with regard to the rate of securing the written consent of the land, the number of apartments, the number of apartments, and the sale price at ordinary times, which are important parts of the contract of this case, and thus, the plaintiffs who entered into each of the contracts of this case caused mistake or fraud by the delivery of the duplicate of the complaint of this case, and thus cancelled each of the above contracts on the ground of mistake or fraud. The defendant union has a duty to refund to the plaintiffs each of the money stated in the "amount of claim" column of the attached Table and

2) In light of the rate of securing the project site and the progress of the project, the Defendant Union’s obligation to provide apartment buildings to the Plaintiffs pursuant to the agreement to join the instant association is impossible or remarkably delayed, so the Plaintiffs’ respective contract to join the instant association through the delivery of a copy of the complaint of this case. The Defendant Union should pay the Plaintiffs the amount of each payment made by the Plaintiffs as compensation for nonperformance.

3) Each claim against Defendant F, Company, and H

F, the former representative of the Defendant Union, and the representative director H of the Defendant’s event, made false or exaggerated advertisements against many and unspecified persons, including the Plaintiffs, and made the Plaintiffs conclude each of the instant agreements to join the association, which led to the occurrence of damages equivalent to the amount paid to the Plaintiffs. Accordingly, Defendant F and H are liable for joint tort pursuant to Article 760 of the Civil Act, and Defendant F and H are jointly and severally liable for damages to the tort related to the performance of duties of Defendant H, the representative director, pursuant to Articles 389(3) and 210 of the Commercial Act, under Articles 389(3) and 210 of the Commercial Act.

4) Each claim against the defendant recruitment agency andJ

The Defendant Recruitment Board and the J had the Plaintiffs conclude each of the instant agreements to join the instant association in fact because they did not perform their duty of management and supervision to prevent false or exaggerated advertisements by employing the sales counselors, or because they failed to perform their duty of management and supervision to prevent the sales counselors from making false or exaggerated advertisements. As a result, the Plaintiffs suffered damages equivalent to the amount of payment. Accordingly, the said Defendants are liable to compensate the Plaintiffs for damages due to their joint tort or employers’ liability.

B. Summary of the defendant union's assertion

In around 2016, the Defendant Union obtained the authorization to establish a housing association by securing the right to use the land equivalent to 80% of the project site of this case, and the phrase "land 100% security" is not to purchase the entire project site of this case, but to the effect that the consent for use has been obtained from the landowners or consultation has been made with the landowners. Since the nature of the regional housing association has sufficiently notified in advance that the contents of the project of this case may be modified by recruitment of members, purchase of land, securing of business financing, etc., the Defendant Association cannot be deemed to have deceiving the Plaintiffs. The summary of the Defendant Company and H’s assertion is the summary

According to the instant agency service contract, the Defendant executor merely performs the role of assisting the recruitment of union members, and without knowing what explanation the Defendant recruitment agent had been given to the Plaintiffs. Even if the Defendant recruitment agent is the assistant for the Defendant’s event, the Plaintiffs may change the contents of the instant project due to the nature of the regional housing association, and thus, it cannot be deemed that the Defendant executor and H had deceiving the Plaintiffs.

D. Summary of the assertion by the defendant recruitment agency andJ

Since the defendant recruitment agent was provided by the defendant's executor in accordance with the direction of the defendant's Si event, or performed public relations activities for recruiting members by using promotional materials produced with the approval of the defendant's Si event, he did not know whether the promotional materials are false or exaggerated advertisements.

3. Determination

A. Determination as to the claim against the defendant union

1) In a case where the mere exaggeration or falsity is involved in the publicity and advertisement of goods is lacking to the extent possible in light of the general commercial practice and the good faith principle, but where specific facts about important matters in trading are falsely notified in a manner to the extent to be criticized in light of the duty of good faith and good faith, it constitutes deception (see, e.g., Supreme Court Decision 2009Da1313, Apr. 23, 2009).

2) First of all, considering the following circumstances acknowledged by the purport of the respective statements and arguments as stated in the evidence Nos. 4, 16, and 20 as well as the entire purport of pleadings, each of the instant agreements to join the association of this case includes a specific number of units and numbers. The mere fact that it was impossible to supply an apartment to the Plaintiffs due to the usual selling price of KRW 5 million after the conclusion of each of the instant agreements to join the association of this case is insufficient to recognize that the Defendant Union deceivings the Plaintiffs by clearly notifying the Plaintiffs of the Dong and number of units or the selling price of the apartment to be supplied to each Plaintiff in a way to the extent that it would be subject to criticism

A) Although the agreement of each of the instant associations specifies a specific Dong and heading, on the other hand, the number of Dong and heading is determined by lot, and considering the characteristics of the project of the regional housing association, in light of the characteristics, etc. of the project of the instant collective housing association, it is difficult to deem that the apartment unit and heading number designated by the Plaintiffs are included in the terms of the instant contract, and the aforementioned designation of Dong and heading number is nothing more than the meaning of supplying the apartment designated by the Plaintiffs, unless there are special circumstances such as inevitable changes in the project.

Therefore, it is insufficient to view that the defendant union expressed its intention to supply apartment houses with specific Dongs and lakes even though it was aware that it was unable to supply them.

B) In addition, promotional materials related to the project of this case indicate a fair sale price of the apartment of this case as five million won. However, since the project of the regional housing association is conducted as a procedure to recruit association members before the establishment of the association and purchase the project site with the contribution and obtain approval for the establishment of the association and the apartment housing project, it seems necessary to calculate the provisional usual sale price on the basis of the first response for calculating the contribution to be paid by the association members. ② It is not easy to estimate the situation of the apartment of this case before the establishment of the regional housing association or to calculate the proper sale price by predicting or assuming the situation before the completion of the project before the establishment of the regional housing association. ③ The defendant association calculates the proper sale price as five million won according to the result calculated based on the market price of the S apartment of the apartment of this case located adjacent to the site of the project of this case. The defendant association notified the increase or decrease of the size of the apartment of this case as the result of the project plan of each of the association of this case, and it can not be seen as a change in the size of the apartment sale price of this case.

3) However, in full view of the following circumstances acknowledged by the purport of the evidence Nos. 3, 4, and 21-1, 22, and 23 of the evidence and the entire pleadings, the Defendant Union made a false notification of the acquisition rate of the land for the instant project site, which is an important matter in entering into each of the instant agreements with the Plaintiffs through the event of the Defendant City and the Defendant Recruitment Team, at 100% or 97%, or at 10%, or 97%, and at the same time notified as the time the instant project was decided as M, the Defendant Union made a false notification to the extent to be criticized in light of the duty of good faith. Thus, the

A) At the time of entering into each of the instant housing construction sites, Article 18-2(1)1 of the former Housing Act (amended by Act No. 13379, Jun. 22, 2015) provides for the right to request sale of all the owners of the relevant site who failed to secure usage rights of at least 95% of the area of the housing construction site. Pursuant to Article 37(1) of the former Enforcement Decree of the Housing Act (amended by Presidential Decree No. 26750, Dec. 22, 2015), a person who intends to obtain authorization to establish a housing association shall submit to the head of a Si/Gun/Gu, along with a written consent to land use of at least 80% of the relevant housing construction site (the Housing Act amended by Act No. 13435, Jul. 24, 2015).

B) As above, the acquisition rate of a project site is a requirement for the exercise of the right to request sale to secure a final site. It is very important material in the housing construction project promoted by a regional housing association that can expect the increase in the contribution to be borne by its members, the change of the project, etc. to the extent that it is necessary to secure a certain degree of the project site. This is also so important in that the project of a regional housing association is carried out by the method of constructing an apartment with a contribution, etc. after obtaining a consent to purchase or use the project site before the establishment of the association and obtaining a consent to use the project. This is very important in the project to promote the establishment before the establishment of the association, and there are many variables leading to the failure of the project in the process, and the progress of the project originally planned is delayed (On the other hand, according to Article 11-3(1) and (3) of the Housing Act amended by Act No. 14344, Dec. 2, 2016; a person who intends to report to the head of the regional housing association and obtain an open recruitment plan under Article 437(b).

C) The phrase “10% of the land” is indicated in the first place of the advertisement (No. 3) prepared by the association in relation to the instant project, and the part to be examined and opened first at the time of choosing the regional housing association under the title “U” is 3 4.0 m. 6 m. 5 m. 3 m. 5 m. 6m2 m. 6m2 m. 6m2 m. 6m2 m2 m2 m2 m2 m2 m2 m2 m2 m2 m2 m2 m206m2 m206m2 m2 m207 m206m2 m206m2 m3m2 m207 m207m2 m2 m2000 m200 m3m200 m3m200 m3m200 m200 m2.

E) The agreement of each of the instant associations includes the content that the business area, members’ contributions, etc. may be adjusted according to the revision of the business plan (Article 2 and Article 8(6)2 of the agreement of each of the instant associations), and it is recognized that the Plaintiffs also agreed to the business plan and did not raise any objection. However, the above content alone is difficult to deem that the Plaintiffs cannot raise any objection even in a case where the Defendant Union deceivings the Plaintiffs by means of raising about about 60-70% of the securing rate of the business site, and if the rights of the Plaintiffs are restricted through the contents of the agreement or consent, it is reasonable to deem that the Defendant Union has a duty to faithfully explain the securing rate of the business site that may cause the Plaintiffs to revise the business plan, etc., but it did not submit evidence to deem that the Defendant Union fulfilled such duty.

F) Meanwhile, the Defendant Union entered into an agreement on the instant project with M on January 26, 2015, and according to the above agreement, M is recognized as having agreed to cooperate with the implementer and the contractor. However, according to Articles 8(1) and 10(2)1 of the above agreement, M may terminate the above agreement if the subscription rate of members within 6 months after the above agreement was concluded falls short of 100% and the total construction cost was not secured, and M may not be viewed as having any problem in the feasibility of the instant project by inviting members to enter into the agreement with M as a whole. Although the Defendant Union could not legally enter into the agreement on the instant project with M&M, it is difficult to say that M&M could not be seen as having entered into the agreement on the ground that each of its major reasons for entering into the agreement on the instant apartment project with M&M as a new entry in the name of each of the instant M&M association’s agreement on the grounds that M&M is no longer than 16 months prior to the cancellation of the agreement.

B. Determination as to the claim against Defendant F, H, and executive officers

1) Occurrence of damages liability

The following circumstances are acknowledged by the purport of Gap evidence Nos. 22 and 23, Eul evidence No. 1 and Eul evidence No. 1 as the representative of the defendant association and the director for the defendant's event as the representative director for the defendant's event. In light of the fact that, at the time of entering into each of the contracts of this case, M is likely to not be the construction work of the project of this case, or that M is aware of the failure to secure the consent for land use necessary for the establishment of the association, it is sufficiently confirmed. ② Defendant H did not merely assist the work of the defendant association, but did not directly obtain the consent for land use from the landowners of the site of this case in the name of the defendant's event or concluded a contract to purchase the land. ③ According to Article 12 (2) of the service contract for the recruitment of members of this case, all advertising materials produced by the defendant recruitment company are reported to the defendant association and the representative director for the execution of the project of this case, and thus, Defendant H was liable to obtain the plaintiffs' damages from each of the above advertisements and the defendant recruitment company.

2) Scope of liability for damages

In other words, if Defendant F had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had been entered into each of the instant partnership agreements. However, it is reasonable to view that the Defendants had concluded each of the instant partnership agreements with the belief that the Plaintiffs would have been smoothly engaged in the instant business due to the said Defendants’ deception, and that the Plaintiffs had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had been

1) According to the overall purport of Gap evidence No. 21-1, Eul evidence No. 1-2, each of the statements and arguments as to the claim for damages arising from joint tort, it is recognized that the defendant recruitment agency made a service contract for the recruitment of union members of this case with the defendant association and the Si of Si/Gun/Gu and made a recruitment service contract for the recruitment of union members of this case by employing a sales adviser, and collected service fees from the defendant association and the executor of this case after inviting union members by producing or distributing promotional materials about the project of this case. The defendant recruitment agency can confirm the construction guarantee that M guarantees the completion of responsibility at the time of entry into the promotion office, and the ratio of land acquisition except state-owned land is 97%.

However, according to Articles 5(3) and 12(2) of the instant membership recruitment service contract, the Defendant recruitment agent must comply with the forms provided by the Defendant Union and the executor and the terms and conditions of the contract.

In doing so, it is insufficient to recognize that the recruitment agency or defendant J is conducting the recruitment service by having the plaintiffs inform the public of false contents, even though it was aware that the promotional materials distributed through the exercise of the recruitment agency or defendant J is likely to not be selected as the commencement of the instant project pursuant to the business agreement with the defendant union or executor, or that M does not reach 30% of the acquisition rate of land for the instant project, and it is difficult to recognize that the recruitment agency or defendant J was conducting the recruitment service by having the plaintiffs inform the public of false contents. In addition, it is difficult to view that the exercise of the recruitment agency or defendant J bears the duty to investigate whether such contents are true after receiving promotional materials from the defendant union or the defendant executor, and thus, it is difficult to accept the remaining part of the promotional materials distributed through the exercise of the recruitment agency or defendant J is not negligent in the exercise of the plaintiffs' right to explanation.

2) As to the claim for damages arising from employer liability

In order to establish the employer's liability under Article 756 of the Civil Act against the defendant recruitment agency, it is recognized that the defendant recruitment agency has inflicted damage on another person due to the illegal act committed by the employee, so it should be viewed whether the specific act of T is recognized as the employee of the defendant recruitment agency. Therefore, inasmuch as T has posted a false article on the construction work of the business of this case and the land securing rate in the NV car page, it is insufficient to recognize the fact that T has posted the above article with the intent of deceiving the plaintiffs even though it knows that at the time of entering into each of the contracts of this case, the land acquisition rate for the business of this case is less than 30% or that M is likely to not participate in the construction of this case at the time of entering into the contracts of this case, it cannot be deemed that T has the duty to confirm whether the notified contents are true. Therefore, it cannot be deemed that T has any negligence different from the above fact. Therefore, it is not acceptable to accept this part of the plaintiffs' assertion that T has filed a tort against the plaintiffs.

D. Sub-committee

1) Even if a quasi-joint and several liability relationship is an independent obligation arising out of one another’s separate causes, it can be established if the other party’s obligation is extinguished due to repayment, etc. of the same economic purpose, and the cause of both obligations and the amount of obligations cannot be said to be the same (see, e.g., Supreme Court Decision 2009Da85861, May 27, 2010).

2) In light of the above legal principles, in full view of the overall purport of the arguments and arguments as seen earlier, the Plaintiffs’ claim for return of unjust enrichment against the Defendant Union, and the Plaintiff’s claim for damages against Defendant F, H, and executor are based on the same factual basis, and as a result, the Plaintiffs’ claim for damages against Defendant F, H, and executor are based on the same factual basis, and as a result, exist to compensate the Plaintiffs’ damages caused by the same factual basis. Accordingly, if the Plaintiffs were to receive reimbursement by exercising one of their rights, the obligation of all the obligors is extinguished to the extent that the amount was paid. Therefore, it is reasonable to deem that the Defendant Union and F, Si, and H’s obligation for monetary payment against

3) Ultimately, Defendant Cooperatives, F, and Defendant Si’s events and H are jointly and severally liable to each of the Plaintiffs (Provided, That in the case of Plaintiff A, the same shall apply as Plaintiff A sought) for the amount indicated in the “personal amount” column in the attached sheet corresponding to the amount paid by the Plaintiffs’ members of the Plaintiff prior to the date of tort, and the damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from January 15, 2019 to the date on which the duplicate of the complaint of this case was delivered to the said Defendants at the request of the Plaintiffs after the date of tort.

4. Conclusion

Therefore, each claim against the plaintiff A, B, and C against the defendant union, F, executive officers, and H is justified, and each claim against the plaintiff D against the defendant union, F, executive officers, and H is accepted within the scope of the above recognition. The remaining claims are dismissed as it is without merit. Each claim against the defendant recruitment agency, the defendant recruitment agency, and the J is dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices.

The presiding judge, judges and salary paths;

Judges Hwang Young-young

Judges Park Jong-young

(i) Article 4 (Construction Company);

"The contractor of an apartment" shall be M, and the provisional contract for the construction contract and the principal contract shall be entrusted with the authority pursuant to section 3 shall be "A (Defendant Association)" and "B" shall be

shall be entered into on behalf of the insured.

2) Meanwhile, although Plaintiff D sought payment of KRW 38,660,000, according to the details of the sales advance payment submitted by Plaintiff D on May 20, 2019, Plaintiff D sought payment of KRW 38,660,000.

Since the payment made is recognized to have a total of 37,660,000 won, it shall be KRW 37,660,000,000, which shall be calculated on a calculation basis.

The calculation of damages for delay and costs of lawsuit is based on the case of the plaintiffs in favor of all.