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(영문) 창원지방법원 2019.12.10 2019가단104009
손해배상(기)
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. (tentative Name) D Regional Housing Association is an organization organized to promote the establishment, etc. of a regional housing association that carries out a project of supplying newly-built apartment units (hereinafter “instant project”) of the FF in Kimhae-si as a project area. The said organization was authorized to establish a regional housing association on May 3, 2016 by filing an application for authorization to establish a regional housing association with the Mayor of Kimhae-si.

【As the rights and obligations of the above (tentatively named) Regional Housing Association were comprehensively succeeded by Defendant D Regional Housing Association, Defendant D Regional Housing Association shall collectively refer to the following:

On December 7, 2014, the Defendant Union entered into a contract for the vicarious execution of the business affairs of the Defendant Union, with the content that the Bank of Korea and the Bank of Bankruptcy shall act as an agent for the business affairs of the instant Defendant Union.

Defendant E [A] The Dispute Resolution Co., Ltd. (H and I] is a company separate from the G.S. Resolution Co., Ltd.

C. On December 11, 2014, Plaintiff A entered into a membership agreement with the Defendant Cooperative and paid a total of KRW 51,200,000 as follows.

(1) Services costs of 10,000,000 won (2) Charges of 41,200,000 won

D. On December 23, 2014, Plaintiff B entered into a membership agreement with the Defendant Cooperative and paid the aggregate of KRW 47,518,150 as follows.

(1) Services costs of 10,000,000 won (2) Charges of 35,900,000 won, overdue charges of 1,618,150 won.

E. On December 23, 2014, Plaintiff C entered into a membership agreement with the Defendant Cooperative and paid the aggregate of KRW 52,864,100 as follows.

(1) Services costs of KRW 10,00,000, ② Charges of KRW 41,00,000, late payment charges of KRW 1,864,100 【Ground for Recognition】 In the absence of any dispute, each entry in Gap’s 1, 2, 3, and 4, and Eul’s 1, 2, 4, and 5 (including various numbers), and the purport of the whole pleadings.

2. The Defendants asserted that, around December 2014, at the time of entering into an agreement with the Plaintiffs to join the partnership, they notified the Plaintiffs that “(i) secure at least 95% of the business site, (ii) begin in the second half of 2015 and it is possible to move into the beginning in the beginning of 2018, and (iii) the members may designate apartment houses in advance.”

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