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Reasons
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(영문) 광주지방법원 2019.04.30 2018가단14491
계약금금반환
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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 45,182,00 and the interest rate thereon from July 12, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. On September 3, 2017, the Plaintiff entered into a contract with Defendant B District Housing Association (hereinafter “Defendant Association”) to purchase the unit D apartment E built by the Defendant Union and to join the Defendant Association (hereinafter “instant agreement”).

B. The Plaintiff paid the Defendant Union KRW 45,182,00 in total, KRW 17,091,00 on September 3, 2017, and KRW 15,000 on September 5, 2017, and KRW 15,000 on September 5, 2017, and KRW 12,091,00 on September 20, 2017, and KRW 17,091,00 on October 16, 2017.

C. However, the Defendant Union should request the competent authority to examine the Plaintiff’s membership and notify the Plaintiff of the obligation to the Plaintiff within a reasonable period of time. The Plaintiff resisted the Defendant Union by delay for more than ten months.

When the Plaintiff demanded the rescission of the contract to join the instant association as a result of the delay in the performance of the obligation of the Defendant Union, Defendant C Co., Ltd., which was in charge of the execution of the construction works and the sales agency of the Defendant Union and the Defendant Union, agreed with the Plaintiff on June 14, 2018, and provided the Plaintiff with an agreement

(hereinafter referred to as the “instant agreement”). Although the Defendant Union is obligated to notify the Plaintiff of the qualification as a member of the Plaintiff, the Plaintiff suffered enormous damages by delay in performing its duties, and the Plaintiff submitted a written withdrawal from the association due to the cause attributable to the Defendant Union, and the Defendant Union permits the withdrawal.

Defendant Union shall refund to the Plaintiff KRW 45,182,00,000 that the Plaintiff paid by June 30, 2018.

Defendant C shall jointly and severally with the Defendant Cooperatives refund the above KRW 45,182,00,00, and shall pay damages for delay at the rate of 20% per annum until the date of full payment if the payment is violated.

[Reasons for Recognition] A1, A2’s written agreement to withdraw from the association members, and the Defendants’ evidence A2.

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