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(영문) 서울중앙지방법원 2019.01.25 2017가합557816
부당이득금
Text

1. The defendant's KRW 126,580,00 for each of the plaintiffs and 5% per annum from September 1, 2009 to January 25, 2019.

Reasons

1. Basic facts

A. On June 24, 2005, D Co., Ltd. entered into a management-type trust agreement (hereinafter “instant trust agreement”) with E Co., Ltd. (hereinafter “E”) on the business newly building and selling G recreational condominiums (hereinafter “instant containers”) at the Fembl government level, and entrusted the Defendant with the execution of the said project.

B. On January 9, 2008, the Plaintiffs respectively entered into a membership agreement with respect to each of the 1/2 districts with respect to the 66.90 square meters of each of the instant containers with E and each of the instant containers with respect to KRW 140,649,00, and the scheduled date of use from June 2009 (hereinafter “instant membership agreement”). The key contents are as follows.

Article 2 (Methods for Admission and Payment) (1) The admission fees for containers shall be KRW 140,649,000 per day, and the details shall be as follows:

1. Price of KRW 120,570,000 per annum of the principal in attendance;

2. The plaintiffs shall pay 20,079,000 won a deposit per day (2) the membership fee under paragraph (1) as follows:

Provided, That any balance shall be paid with the payment and repayment of the membership card after the date of completion.

On January 14, 2008, 2008, the amount to be paid as non-paid down payment (10% of the total amount to be paid) shall be paid in addition to the late payment on March 28, 2008, 208, 130,000 of the intermediate payment (20%), including the facility management operation deposit (20%) on January 14, 2008, 14,060,000 of the intermediate payment (130,000 of the intermediate payment (20%) on May 9, 2008, 208, 130,000 of the three intermediate payment (20%) on July 28, 2008, in addition to the late payment (20%) on September 28, 2008, 130,0000 of the intermediate payment (14,060,0000 per annum) on September 14, 2000 of the outstanding payment date.

(2) Where E delays the use of containers by the scheduled date of use, etc., the late compensation shall be paid to the plaintiffs according to the late payment rate referred to in paragraph (1) on the admission fees already paid from the scheduled date to the actual date of use.

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