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(영문) 창원지방법원 2021.02.10 2020가단6071
조합원분담금
Text

The defendant is based on the ratio of 12% per annum from May 21, 2020 to the date of full payment to KRW 5,385,696 to the plaintiff.

Reasons

1. Basic facts

A. On January 19, 2015, the Defendant entered into a contract with the committee of promotion of C (tentative name) and a member joining agreement of Eac apartment, which was scheduled to be constructed on the lands other than D, Kimhae-si (hereinafter “instant contract”). On March 25, 2016, the Plaintiff Union succeeded to the status of the said promotion committee upon obtaining authorization for the establishment of the housing association from Kimhae-si.

B. As of April 10, 2020, the Defendant unpaid KRW 45,385,696 (won 809,696,000) and KRW 10,000,00 of other taxes and public charges (Plaintiff’s written preparations made on November 10, 2020) out of the amount of unpaid payment as stipulated in the instant contract, as of April 10, 2020, the Defendant is obligated to pay damages for delay at the rate of 12% per annum from the day following the delivery of a copy of the complaint to the date of complete payment, unless there are other special circumstances to the Plaintiff.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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