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The part against Defendant C among the judgment of the first instance court shall be revoked.
2. Defendant C’s KRW 1,688,346,417 and this shall apply to the Plaintiff.
Reasons
Claim against Defendant C
A. Claim No. 1) An incorporated association W (hereinafter “instant W”).
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1. 12. In the first temporary society, the first temporary society had formed a used car sales complex on the land outside the YY-gu, Seoul Special Metropolitan City and 43 lots, thereby promoting the occupancy of W members. On January 19, 2009, the promotion committee was organized for the said project in the second temporary society, and the Defendant C is its member.
2) From November 30, 2009 to March 23, 2010, the said promotion committee decided to pay performance money (within 3-5% of the total project cost) and activity expenses (within 1.5% of the total project cost) to the Plaintiff four times in total. Accordingly, the Plaintiff became entitled to claim payment of performance money and activity expenses to the said promotion committee. Meanwhile, the said promotion committee falls under the promoters association, and its members are obligated to contribute financial resources equivalent to the total amount of KRW 1,68,346,417, which the promotion committee promised to pay to the Plaintiff.
[Grounds for Recognition] Confession (Article 150 (1), (3) of the Civil Procedure Act)
B. Therefore, Defendant C is obligated to pay to the Plaintiff the amount of KRW 1,688,346,417 as performance money and activity expenses, and damages for delay calculated at the rate of 6% per annum prescribed by the Commercial Act from June 29, 2012 that Defendant C received to the Plaintiff a copy of the complaint of this case from June 13, 2017, and 15% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.
2. The grounds for this Court’s claim against the remaining Defendants (citing the judgment of the court of first instance) are as follows, and the grounds for the judgment of the court of first instance are as follows, except for the case where the plaintiff makes an additional determination in 2. Paragraph, with respect to the conjunctive claim added by this court, and therefore, they are cited as it is in accordance with the main sentence of Article
(hereinafter referred to as “Defendants” excluding Defendant C). Defendant 4 of the first instance court Decision 4
(a) add to the first head of the 'paragraph 1':
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