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(영문) 울산지방법원 2020.02.18 2018가단66595
기타(금전)
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 40,000,000 won and each year from September 18, 2018 to May 31, 2019.

Reasons

1. Judgment on the plaintiff's claim

A. 1) The Plaintiff is the regional housing association of Defendant (tentative name)B on January 5, 2018 (hereinafter referred to as the “Defendant Association”).

Defendant C Co., Ltd (hereinafter referred to as the “Defendant Co., Ltd”).

(2) The Defendants would refund the full amount of payment, including union members contributions and agency expenses, to the Plaintiff on July 31, 2018 on the same day when they did not apply for authorization to establish an association by July 31, 2018.

“The Agreement was signed.”

(3) The Plaintiff paid to the Defendants a total of KRW 2 million on January 3, 2018, and KRW 12 million on the 5th of the same month, and KRW 26 million on the 40 million. (4) The Defendants did not file an application for authorization to establish an association until July 31, 2018.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1, 3, 6, 7, 8 (including additional numbers), the purport of the whole pleadings

B. The Defendants are jointly and severally obligated to pay to the Plaintiff the amount of KRW 40 million, which is the full amount of the Plaintiff’s payment to the Defendants under the instant agreement, and the damages for delay calculated at the rate of 15% per annum under the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019) from September 18, 2018 to May 31, 2019, as the Plaintiff is seeking against the Plaintiff, and the damages for delay calculated at the rate of 12% per annum under the main sentence of Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019) from the following day to the date of full payment.

2. As a result, the Defendants’ assertion regarding the Plaintiff’s cancellation of the partnership membership agreement, the said agreement and the union membership agreement should be complied with. According to the said agreement, the time for repayment has not arrived.

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