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(영문) 광주지방법원 순천지원 2018.12.13 2018가합11580
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts (applicable for recognition: Facts without dispute, Gap evidence 1, 2, and 4 (including paper numbers; hereinafter the same shall apply);

(iii) evidence Nos. (1), (2), and (3) and the purport of the entire pleading

A. The Plaintiff is a regional housing association established around October 2013 in order to carry out the business of newly building and selling apartment units within the land zone in the leisure city (hereinafter “instant business”). The Defendant was the head of the Plaintiff’s association by December 30, 2017 after the establishment of the Plaintiff.

B. On April 13, 2013, the Dispute Resolution Co., Ltd (hereinafter referred to as “Nonindicted Company”) entered into an agreement with the Promotion Committee for the Establishment of the E-Regional Housing Association (hereinafter referred to as “Promotion Committee”) and with a maximum of 30 households, by issuing a full payment contract at a discount of 50%, and inviting its members, and lending the contributions to the Promotion Committee for the instant business funds. The instant agreement was entered into with the Promotion Committee, whereby the instant project site was provided as security and the fees were to be paid (hereinafter referred to as “instant agreement”). Thereafter, the Plaintiff succeeded to the status of the contracting party to the Promotion Agreement with the authorization of establishment around October 2013.

C. Accordingly, before the non-party company and the promotion team or the Plaintiff was established, the Plaintiff is the contracting party after the establishment, and the status of the contracting party to the sales contract that the promotion team concluded was succeeded to after the establishment of the Plaintiff. From May 2013 to November 2013, the following contract was concluded with 13 persons, such as F, etc. (hereinafter “the buyers of this case”) and the contract for the sale of the apartment to be newly constructed as the instant project (hereinafter “instant sales contract”). Article 5(2) of the above contract agreed to pay late payment charges for the number of days when the buyer delays the payment of the intermediate payment and the remainder.

The sales price shall be the unpaid amount of money on the 39th day of preparation of the above-land AF apartment when there is a surplus of the object of sale as the contract date of the buyer who decided to recommend the settlement of the contract in full.

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