1. The Defendant shall pay to the Plaintiff KRW 36,078,00 and the interest rate of KRW 15% per annum from February 20, 2018 to the day of complete payment.

1. Basic facts

A. The defendant is a regional housing association established to carry on a housing construction project at the Namyang-si, Namyang-si, and the non-party D Co., Ltd. (hereinafter "the non-party company") is an execution agent for the defendant.

B. On August 8, 2015, the Plaintiff entered into an agreement to enter into an association with a non-party company, which is an executory agent, and designated the same and number of floors, and the applicant household determined 360,780,000 won for E-dong 43 square meters, and the contribution was 36,078,000 won for down payment, which is 10% of the contribution, into the account of the Defendant’s funds manager.

C. On October 28, 2015, the number of E- Consented floors was reduced from 45 up to 37 floors by the Defendant’s resolution of modification on district unit planning and project plan (draft) at an extraordinary general meeting.

On November 2015, the Plaintiff sought to cancel the contract and refund the down payment, and the Plaintiff promised to refund the down payment.

Accordingly, the plaintiff prepared a written request for refund of down payment to the defendant and submitted it to the non-party company.

[Reasons for Recognition] Gap's evidence Nos. 1, 6, 7, 8, 9, 10, 11, and Eul's evidence Nos. 1-5 and 5, witness G's testimony, and the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the parties' assertion (1) The non-party company, as an executor, entered into an agreement on the cancellation of the contract and the refund of the down payment on behalf of the defendant, is obligated to return the down payment to the plaintiff.

Even if the right of representation for the contract to refund the down payment does not exist to the non-party company, the defendant is obligated to return the down payment to the plaintiff in accordance with the doctrine of expression agent

(2) The non-party company is merely assisting the defendant to act on behalf of the defendant and there is no basic power of attorney to act on behalf of the defendant. Thus, the above refund agreement has no effect on the defendant.

Article 9 of the membership insurance contract prepared by the plaintiff stipulates that when a member intends to withdraw from an association at his/her own discretion, he/she shall refund the balance after deducting the down payment.