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1. The Defendant’s KRW 30,446,178 with respect to the Plaintiff and KRW 5% per annum from April 1, 2019 to October 7, 2020.
Reasons
1. Basic facts
A. The Defendant is an association that promotes the new construction project of D Long-term General Private Rental Housing (hereinafter “instant apartment”) that is promoted by the “Acheon-gu Seoul Central Private Rental Housing (hereinafter “the instant apartment”).
B. On June 27, 2018, the Defendant Union entered into a business consignment administrative service contract with Nonparty E (hereinafter “E”) with the content that E will act as an agent for the establishment of the association, such as recruitment of members, review of feasibility, preparation of a business plan, etc. in relation to the instant new apartment construction project.
C. On November 27, 2018, the Plaintiff was issued a certificate of confirmation that the Plaintiff deposited down payment of KRW 11 million for each of the three above subparagraphs (hereinafter “certificate of confirmation of this case”) with Nonparty G, who was named as the representative of the Defendant Union, prepared a membership agreement on the housing H, I, and J (hereinafter “instant agreement”).
The above certificate is written as "BA president" and the seal impression of the defendant association is affixed next to it.
From November 27, 2018 to December 31, 2018, the Plaintiff issued a check of KRW 32 million to G, and paid KRW 1 million in cash.
E. On February 28, 2019, the Plaintiff received a letter of undertaking with the following contents (hereinafter “instant letter of undertaking”) from G. The said letter of undertaking is indicated as “the president of the K Association” and the seal impression of the Defendant Union is affixed next thereto.
F It is promising that a contractor who enters into a contract with a total of three households of the F said head will pay a total of KRW 3 million of the investment proceeds by March 15, 2019 (H, I, and J).
- by March 31, 2019, the contractor promises to pay the principal for the total amount of 33 million won of the investment to three generations which contracted to F 3.3% exclusion from withholding, until March 31, 2019.
In March 31, 2019, the principal shall not be repaid at the time of the past, but shall be occupied by the time of the occupancy.