1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The Defendant is a housing association established to construct housing on the land of Yeonsu-gu Incheon pursuant to Article 32 of the Housing Act (Amended by Act No. 14344, Dec. 2, 2016).

B. On May 13, 2016, the Plaintiff entered into an agreement with the Defendant to enter into a regional housing association, and on May 30, 2016, the Plaintiff paid the Defendant totaling KRW 40,08,080,000, out of the members’ contributions.

C. On October 18, 2016, the Plaintiff paid KRW 40,080,00 among the total contributions to the Defendant, as well as KRW 280,560,000 in total of the secondary and eight intermediate payments (hereinafter “Advance payment”). D.

Article 8 Subparag. 1 of the Agreement on the Subscription of the Defendant Union (hereinafter “instant provision”) provides that where a member pays an intermediate payment before the date of the agreement on the part payment, the amount calculated according to the number of days for advance payment shall be discounted by applying a discount rate of 4% per annum to the advance payment amount.

E. On August 27, 2017, the Plaintiff demanded the Defendant to refund the instant advance payment on the grounds of personal circumstances. On September 8, 2017, the Defendant returned the instant advance payment KRW 280,056,00 to the Plaintiff on September 8, 2017, and the amount of discount agreement on the instant advance payment as of September 8, 2017 is KRW 9,992,548 (hereinafter “the instant advance payment”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The Plaintiff’s determination on the cause of the claim seeks payment of the advance payment discount on the ground that the Defendant agreed to pay the advance payment discount in return for the advance payment to the Plaintiff.

The instant provision provides that if the intermediate payment is paid before the date of the agreement on the intermediate payment, the amount calculated according to the number of days for advance payment can be later paid after deducting the amount calculated according to the discount rate for advance payment from the intermediate payment or the remainder after deducting the amount to be paid later.

Therefore, if any.