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(영문) 서울동부지방법원 2018.06.20 2017가단120494
위약금 청구
Text

1. The Defendants’ respective KRW 6,877,639 and the interest rate of KRW 15% per annum from May 27, 2017 to the date of full payment.

Reasons

1. Basic facts

A. On February 19, 2010, the relevant G-building rearrangement project association of the parties has completed the registration of incorporation on March 5, 2010 with the authorization from the head of Gangdong-gu Office. The Plaintiffs and the Defendants are the operational progress of the organization “H” formed to protect the property rights of the said association members (hereinafter “instant organization”).

B. The enactment of the election regulations and the Defendants’ activities (1) around August 2016, the 17th operating staff of the instant organization, including the Plaintiffs and the Defendants, enacted the election regulations to elect candidates to run in the election of the president of the said association (in December 10, 2016), and Article 21(4) of the said election regulations (hereinafter “instant regulations”) of the said election regulations provides that “the abortions and operating personnel who did not take place in the result of the election shall compensate for the amount deposited in the H support fund account (as of September 4, 2016) and shall be held civil liability accordingly.”

(2) Although the instant organization elected J as the candidate for the above president of the partnership, Defendant F registered as a candidate for the above election of president of the partnership around November 7, 2016, and Defendant E performed an election campaign for Defendant F’s election.

(3) As of September 4, 2016, the amount deposited into the account of the support fund as of September 4, 2016, is KRW 55,021,114.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 13, the purport of the whole pleadings

2. Judgment on the main defense of this case

A. Since the Defendants’ assertion and the Defendants agreed not to impose civil or criminal liability on the support payments of the instant organization, the Plaintiffs’ lawsuit seeking compensation for the support payments is unlawful.

B. Comprehensively taking account of the overall purport of the arguments in the statement Nos. 1 and 2 of the judgment, the Plaintiffs are obligated to return documents related to the instant organization, including the head of the Tong for Support Payments, which was managed by Defendant F, to the operating staff on Oct. 12, 2016, when the Plaintiffs retire from the operation of the instant organization on Oct. 27, 2016.

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