2016dada 11073 Return of down payment

A

B Regional Housing Association

January 12, 2017

February 23, 2017

1. The plaintiff's claim is dismissed.

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

The defendant shall pay to the plaintiff 48 million won with 15% interest per annum from the day following the service of the payment order of this case to the day of complete payment.

1. Determination as to the cause of claim

A. The plaintiff's assertion

On December 2, 2014, the Plaintiff heard from Nonparty C, D, and E that “When investing KRW 36 million in the course of promoting the Defendant Cooperative, it would be ordered to issue eight copies of the subscription contract to be issued.” On December 22, 2014, the Plaintiff received eight copies of the Defendant subscription contract from D after remitting KRW 36 million to the account announced by D, etc. However, at the time, the Defendant agreed to return KRW 1.6 million in total at the time of returning the subscription contract. Accordingly, on May 10, 2016, the Plaintiff demanded the return of the down payment after demanding it to return the down payment. Accordingly, the Defendant is obligated to pay the amount stated in the claim to the Plaintiff.

B. Determination

First, in the event the Defendant returns the subscription contract to the Plaintiff, whether the Defendant agreed to refund a total of KRW 48 million in the contract amounting to KRW 1.6 million in the event of returning the subscription contract to the Plaintiff is insufficient to accept the agreement. Accordingly, the Plaintiff’s assertion is without merit without further review as to the remainder of the contract amount.

2. Conclusion

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.

Judges Southern Dong-hee