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(영문) 인천지방법원 2021.01.13 2020나50099
약정금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The purport and purport of the appeal

1. The purport of the claim;

Reasons

1. Facts of recognition;

A. The Plaintiff is a regional housing association established with the purpose of executing a regional housing project (hereinafter “instant project”) in which apartment buildings with 434 households are constructed on the land of 22,518 square meters in Kimpo-si, Kimpo-si (hereinafter “instant project site”), and the said apartment building to be newly constructed according to the instant project (hereinafter “association apartment”).

B. On May 20, 2016, the Defendant entered into an agreement with the Plaintiff, stating that “The Defendant shall pay the Plaintiff KRW 10,000,000,000 for the members’ contributions and for the performance of their duties,” and that “10,000,000 out of the above members’ contributions shall be paid to the Plaintiff at the time of the contract, ② within 10,000,000 out of the above members’ contributions and KRW 13,890,000 in total, and KRW 10,000,000 for the performance of the above duties, and KRW 3,890,000 in order, and KRW 3,890,000 in total, from among the above members’ contributions, shall be paid in order until the time of occupancy, and the remaining members’ contributions shall be paid in the Defendant, and the Plaintiff shall supply one household in the partnership apartment (hereinafter “instant agreement”).

(c)

The Plaintiff obtained authorization from the Kimpo-si, on November 7, 2016, to establish a regional housing association with the number of its members of 245, and obtained authorization to change the number of its members to 407 persons on July 3, 2017.

[Ground for recognition] Unsatisfy, Gap 1, 3, 7, and 8's statements, the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of claim, the Defendant is obligated to pay to the Plaintiff delayed damages calculated at the rate of 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, calculated from May 31, 2016 to June 28, 2019, when 10 days have passed since the conclusion of the contract for joining the instant association, and from May 31, 2016 to June 28, 2019, the date when the complaint of this case was served on the Defendant, and from the following day to the date of full payment, by 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.

B. The defendant's assertion

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