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1. The Defendant’s KRW 25,00,000 as well as the Plaintiff’s annual rate of KRW 5% from June 12, 2015 to August 8, 2017.
Reasons
1. Basic facts
A. On November 5, 2013, the Plaintiff entered into a membership agreement with the Defendant, and the Defendant, who entered into a new construction project as a member of C Apartment 111 dong 602 (hereinafter “instant agreement”).
Article 8 of the instant contract provides for the deprivation of membership's qualification as follows.
1. The defendant may cancel the contract immediately upon the plaintiff's act falling under any of the following subparagraphs without taking a peremptory notice of performance or other separate measures. In this case, the plaintiff automatically loses the qualification as a member of the regional housing association at this time:
(1) When the terms of this contract are not faithfully fulfilled (6) are committed to impair the common interest of all members of the project.
3. In the event that the Plaintiff withdraws and is expelled ex officio pursuant to paragraphs (1) and (2), only the principal of the payment, excluding the down payment and the agency fee, out of the payments already made, shall be refunded; the time of refund shall be the refund key when the deposit is replaced by a new member and a general seller, and the procedure of refund shall follow the order set by the Defendant.
B. On November 5, 2013, the Plaintiff paid KRW 169,77 million to the Defendant as the contract deposit and intermediate payment, KRW 200,000,000 on November 29, 2013, KRW 24.2 million on December 20, 2013, KRW 20,330,000 on May 20, 2014, and KRW 16,9.7 million on October 21, 2014.
C. On December 7, 2014, the Defendant held a general meeting of partners, and at the above general meeting, the agenda that “for a person who purchased a 33-year-type apartment complex due to the project cost, project cost loan interest, additional construction cost, local heating construction cost, etc. that occurred during the business promotion process, the Defendant should bear an additional amount of KRW 64,02,00,000, to the members of the association.”
Since then, the defendant demanded that the plaintiff pay 5,000,000 won of the additional contribution, the plaintiff refused to pay the additional contribution and filed the lawsuit in this case.