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(영문) 대구지방법원 2019.12.12 2019가단3261
약정금
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. The Plaintiff (1) and the designated parties (hereinafter collectively referred to as the “Plaintiffs”) are non-corporate groups established under the Housing Act, “J District Housing Association (hereinafter referred to as the “instant Housing Association”) as a member.”

(2) Defendant B is the head of the instant housing association.

(3) Defendant C is the representative director of the Real Estate Development Company K (hereinafter “instant agency”) that the instant housing association entrusted with its duties.

B. The Plaintiffs paid the Plaintiff’s contribution to the Plaintiff’s member; ① the Plaintiff (Appointed Party) deposited KRW 36,211,500,00 in total from September 25, 2017 to November 16, 2018; ② the Selected Party D wired KRW 25,00,000,000 in total from December 4, 2017 to September 14, 2018; ③ the Appointed E, and F, KRW 10,000,000 in each of February 2018; ④ the Selected Party I was ④ the amount of KRW 10,000 in April 1, 2018; ⑤ the Appointed G was the Selected Party’s KRW 10,000 in May 1, 2018; and KRW 1,000 in June 1, 2018 to the account designated by the instant housing association.

C. The Defendants, in writing, signed or sealed the following performance note (hereinafter “instant performance note”).

LJB C MN [based ground for recognition] without dispute, Gap evidence 1, 2-1, 2-2, Gap evidence 3-1, 2-2, Gap evidence 4-6, Gap evidence 7-1, 2, and Gap evidence 8, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Defendants asserted by the Plaintiff (Appointed Party) promised to return the Plaintiffs’ charges received by the instant housing association individually by delivering the instant written statement of performance.

The Defendants are jointly and severally liable to pay to the Plaintiffs an agreement equivalent to the charges paid.

B. (1) In the event of a dispute over the interpretation of a contract, the interpretation of the intent expressed in the disposition document becomes an issue, a comprehensive consideration of the content of the text, the motive and background of the agreement, the purpose to be achieved by the agreement, the parties’ genuine intent, etc.

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