(영문) 서울남부지방법원 2020.05.27 2020가단207325

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(영문) 서울남부지방법원 2020.05.27 2020가단207325

부당이득금반환

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1. The defendant shall pay to the plaintiff A KRW 50,900,000, and KRW 55,300,000 for each of them from February 15, 2020.

Reasons

1. Facts of recognition;

A. The Plaintiffs, as the Defendant’s members, paid KRW 50,900,000 to the Defendant, and KRW 55,30,000 to the Plaintiff B.

B. Since then, on October 25, 2019, the Defendant agreed to cancel the association agreement with the Plaintiffs and to refund the said contributions to the Plaintiffs. On October 30, 2020, the Defendant written a written confirmation that the Plaintiff would refund KRW 50,900,000 to the Plaintiff A’s contribution by January 30, 2020, and written a written confirmation that the Plaintiff would refund KRW 55,300,000 to the Plaintiff B by March 25, 2020 (hereinafter “each written confirmation”).

[Ground of recognition] Facts without dispute, Gap 1 and 2's entries, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of claim, the defendant is obligated to pay to the plaintiff A the share of KRW 50,900,000 and the share of KRW 55,300,00 to the plaintiff B, and the damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from February 15, 2020 to the date of delivery of the copy of the complaint of this case claimed by the plaintiffs.

B. The defendant's assertion 1) The defendant asserts that when a partner intends to withdraw from an association under Article 8 of the membership agreement, the defendant shall refund the principal of the union contributions paid by the withdrawing partner only in the case where a new or alternative partner who takes over the rights and obligations of the union member and paid the union contributions. Since the meaning of each of the certificates of this case that the defendant prepared and paid to the plaintiffs should be interpreted to mean that he would receive new or alternative union members' subscription and refund the union contributions, the defendant asserts that there exists a benefit of time on the part of the defendant in relation to the refund of the contributions due to voluntary withdrawal. 2) The court shall deny the contents of the written determination so long as the establishment of the written determination

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