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(영문) 서울동부지방법원 2017.11.24 2016가단130654
기타(금전)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 26, 2015, the Plaintiff entered into a contract for joining the association (hereinafter “instant agreement”) with D and the chairperson of the promotion committee for the establishment of the C Housing Association (hereinafter “instant association”) for the purpose of building an apartment building in Songpa-gu Seoul District, Songpa-gu (hereinafter “instant association”). On the same day, the Plaintiff’s husband E deposited KRW 3 million in the account of Mugunghwa Trust Co., Ltd., Ltd., a trust company in the instant association in the name of her husband E (hereinafter “GU”), KRW 65 million on August 6, 2015, KRW 29.5 million on August 6, 2015, and KRW 65 million on October 22, 2015, respectively, and paid KRW 40 million on the share of the contributions to join the instant association and KRW 25 million on business promotion expenses.

According to Articles 5 and 6 of the Agreement on the Joining of the instant Association, a cooperative agent selects Mumon (hereinafter “Mumon”) as a cooperative agent, and designated a trust for fund management as a trust for a trust for a trust for a trust, and the contract was entered into at the end of the contract, and the contract deposit shall be refunded in full, including business promotion expenses, when the construction was not completed by June 2016.

B. The Promotion Committee for the Establishment of the instant association terminated the trust agreement with the Rose of Sharon, and entered into a contract for the instant fund management with the Defendant and the Mu Mumon on May 20, 2016 (hereinafter “instant fund management contract”). Article 12(8) of the instant contract provides that “If the instant association’s establishment promotion committee or Mumon is directly managed through a separate account, the instant association’s establishment promotion committee or Mumon shall not be held responsible for the execution of the agency service fee, and a separate written confirmation shall be submitted to the Defendant in relation thereto.

D. Around January 18, 2017, the Defendant provided that “the management of subscription money and the members’ contributions in connection with the instant agency contract” shall be the Defendant, and the fund management of indirect official business expenses (service agency expenses) shall be the instant association.

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