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(영문) 울산지방법원 2019.10.15 2019가단103958
분담금반환 등
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 40,000,00 and 5% per annum from August 1, 2018 to March 4, 2019.

Reasons

1. Basic facts

A. On March 14, 2018, the Plaintiff entered into a membership agreement with Defendant B’s regional housing association (hereinafter “Defendant Association”) (hereinafter “Defendant Association”) and the Defendant Association entered into a membership agreement with respect to the size of 59 square meters in the area housing association (hereinafter “instant contract”) among the regional housing associations that were promoted in Ulsan-gu D class, Ulsan-gu, Seoul-gu, and paid KRW 40 million, including the provisional contract amount, as well as the expense for business operation, to the Defendant Association.

B. Meanwhile, at the time of entering into the instant contract, Defendant C Co., Ltd., the agent of the Defendant Cooperatives and the agent, the following: (a) at the time of entering into the instant contract, the Defendant Co., Ltd., stating that “I, by July 31, 2018, undertake to refund the full amount of the expenses paid (in full) at the time of filing an application for authorization to establish an association by July 31, 2018, the Defendant

delivery was made.

C. The Defendants did not file an application for authorization to establish an association until the closing date of the instant argument, and the Defendant Union did not file an application with the Plaintiff for authorization to establish an association by October 31, 2018, the Defendants agreed to pay the Plaintiff the statutory interest of KRW 40,000,000, which was paid to the Plaintiff around October 1, 2018 and December 31, 2018, respectively, to the effect that the Plaintiff should be paid from August 1, 2018 to December 31, 2018.

2) Each of the instant claims was prepared. [The Defendant C Co., Ltd., the entire purport of each of the facts of no dispute, the entry of evidence A1 through 7, and the entire purport of each of the arguments: deemed confession.

2. According to the above facts of recognition as to the cause of the claim, the Defendants jointly and severally paid the Plaintiff KRW 40 million, and as to this, 5% per annum as prescribed by the Civil Act from August 1, 2018 to March 4, 2019, the delivery date of the complaint, and 15% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from the next day to May 31, 2019, and the day of full payment.

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