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(영문) 서울동부지방법원 2016.04.07 2014가합112079
약정금
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) KRW 27,008,356, respectively, and each of them from September 19, 2014 to September 2016.

Reasons

1. Basic facts

A. The Defendant is a reconstruction association established on November 13, 2003 by making land in Songpa-gu Seoul as a project implementation district under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, according to the Act on Special Measures for the Structural Improvement of Small and Medium Enterprises and Vitalization of Traditional Markets (repealed by the Special Act on the Development of Traditional Markets, Act No. 7235, Oct. 22, 2004) and the Act on

B. The Plaintiffs are the Defendant’s members, who were dismissed on February 19, 2012 while the Plaintiff A was appointed and served as the deputy head of the association from November 13, 2003, and Plaintiff B as a director.

C. On August 31, 2013, the Defendant’s members, at the Liquidation General Meeting (hereinafter “instant General Meeting”) resolved on the following: (a) around March 2009, in order to raise the amount of deposit for release from the registration of provisional seizure on partnership property, most of the members, including the Plaintiffs, collected by deducting the principal and interest of KRW 50,000,00 from the principal and interest to be determined later; and (b) the principle that the remaining amount shall be refunded to the union members; and (c) various conditions for calculating the settlement amount (including the applicable rate of the withdrawal from the collection, the payment date, and the overdue interest rate).

[Ground of recognition] Facts without dispute, Gap evidence 1-3, Gap evidence 2-1, 2-2, Gap evidence 3-1, 2-2, and Gap evidence 13, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiffs refused to return the settlement money to the Plaintiffs even if the Defendant confirmed and notified the settlement money of the union members after the instant general meeting, but did not immediately request the notification of the settlement money. In light of the amount of the settlement money received by other union members on the conditions similar to the Plaintiffs, the Plaintiffs are equivalent to KRW 30 million, respectively. As such, the Plaintiffs seek as the principal lawsuit, each of which is KRW 30 million and damages for delay calculated from September 1, 2013, which is the day following the instant general meeting.

B. As to this, the defendant is holding office as an executive of the defendant and on the following grounds.

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