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(영문) 수원지방법원 2020.09.17 2019나93615
손해배상(기)
Text

The part against the plaintiffs falling under the amount ordered to be paid under the judgment of the first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. In relation to the construction of apartment houses (hereinafter “instant apartment buildings”) by the G Regional Housing Association (hereinafter “instant association”) established for the purpose of building housing sites and building apartment houses in Gwangju City, the instant association has been in charge of recruiting its members on its behalf in M Co., Ltd. (hereinafter “M”), and the Defendant is a person who was in charge of recruiting its members as an employee of the said M.

B. The association of this case concluded a contract to join the association by designating a type of housing according to the unit number and exclusive area of the apartment of this case with respect to a person who joins the association as a member, and received the down payment, etc.

C. The plaintiffs' representative LA and D are L's siblings and siblings, and the plaintiffs B and C are L's children.

From March 2017 to April 2017, the Plaintiff entered into a contract with the instant association by succeeding to the existing member status and designated apartment units of the instant association (hereinafter “instant contract”), and entered into an apartment unit and area for exclusive use, etc. designated under the said contract as follows.

Plaintiff

A P-dong P-dong Q-type B RA-type B 64m2 74m2 m200 m200 m200 m200 m200 m200 m20 m20 m20 m20 m20

D. The Plaintiffs paid the 1 and 2nd down payment to the instant association according to the schedule for the payment of the contributions to the first members as follows:

(unit: 64 A 264,520,000 74 A 264,520,000 23,664,666 74 A 264,520,0021,00 for the remaining down payment of the first or the second down payment of the down payment, the first or the64 C 236,640,640 18,000, respectively.

E. Meanwhile, the Plaintiffs, separate from paying the said down payment to the instant association, remitted each of the said down payment to the Defendant’s account from March 2017 to April, 2017 (hereinafter “instant money”).

[Ground of recognition] The fact that there is no dispute, and each description of Gap's 1 through 3 has been numbered.

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