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(영문) 서울중앙지방법원 2018.09.06 2018가단20550

약정금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination on the claim for return of agreed amount

A. On December 17, 2011, the Plaintiff’s assertion C (hereinafter “C”) entered into a partnership agreement with the Defendant to provide the Defendant with real estate equivalent to KRW 3 billion as collateral, and the Defendant’s house located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, as an office. C paid KRW 2 million per month to the Defendant and provided the Defendant with KRW 35% of his/her equity interest, and the Party who violated the agreement will compensate the other party for damages. Under the same partnership agreement, the Defendant paid KRW 2.9 million in total to the Defendant on December 2, 201 and KRW 2.9 million on January 5, 2012. The said money was provided as transferred money from the Plaintiff.

However, the defendant did not provide C with real estate equivalent to KRW 3 billion as security, and thereby, C has a duty to compensate C for damages due to the failure to perform the above agreement.

C transferred to the Plaintiff the above 2.9 million won to the Defendant pursuant to the above agreement of the partnership with the Defendant, and notified the Defendant thereof.

Therefore, the defendant is obligated to pay the above money and damages for delay to the plaintiff.

B. 1) Each entry in Gap evidence Nos. 1 through 4 (including each number), may be acknowledged as follows, comprehensively taking account of the overall purport of the pleadings, and there is no counter-proof. (A) The plaintiff remitted to C the amount of KRW 23 million on December 2, 2011, and KRW 10 million on December 13, 201, and C remitted to the defendant KRW 9 million on December 2, 201, and KRW 20 million on January 5, 2012.

(b) C (hereinafter referred to as “instant money”) with each of the above money remitted to the Defendant by C (hereinafter referred to as “instant business agreement”) is a business agreement between the Defendant on December 17, 201 and the following contents (hereinafter referred to as “instant business agreement”).

On January 20, 2012, the agreement was reached to adjust the defendant's shares to 30%.

C and the defendant shall faithfully perform the following terms with the spirit of good faith and sincerity.