Text
1. The defendant shall provide each of the plaintiffs with each of the money stated in the "unclaimed amount" column in the attached Table and the attached Table among them.
Reasons
1. Facts of recognition;
A. The Defendant is a regional housing association promotion committee established around February 2017 to promote a housing construction project for Yangcheon-gu Seoul, Yangcheon-gu, Seoul, and the Plaintiffs are the members who concluded a membership agreement with the Defendant.
B. The Plaintiffs paid to the Defendant the same amount as indicated in the attached Table “payment” column according to the membership agreement.
C. When it is difficult to implement the project due to the increase in the surrounding compensation cost, the project price has been reduced or changed, and the authorization for establishment has not been granted, the Plaintiffs terminated the membership agreement with the Defendant and claimed the return of the amount already paid. The Defendant prepared and issued a letter of undertaking to the Plaintiffs that they promised to refund the payment.
(hereinafter “instant return agreement”). D.
The Defendant paid to the Plaintiffs the money with the exception of the money stated in the attached Table “unclaimed money.”
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 3 (including branch numbers for those with a satisfy number), the purport of the whole pleadings
2. According to the facts of the above recognition, the defendant is obligated to pay to the plaintiffs each amount listed in the "unclaimed amount" column of attached Table and the "each due date for unclaimed amount" column of attached Table among the above money to the plaintiffs, with 5% per annum as stipulated in the Civil Act from the day following the date of each performance date to September 10, 2018, which is the delivery date of a copy of the complaint, and 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of complete payment.
(The plaintiffs' claim seeking damages for delay from the date of performance is dismissed in part because of the occurrence of damages for delay from the date of performance). In this regard, the defendant first pays part of the amount to the plaintiffs, and argued that the remaining amount is paid in succession, but the amount stated in the "unclaimed amount" column in the attached Table is added to the plaintiffs.