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(영문) 서울중앙지방법원 2016.05.03 2015가합2091

양수금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 329,978,942 and the interest rate thereon from March 1, 2016 to the date of full payment.

Reasons

1. Basic facts

A. 1) Defendant C and D are Defendant B Co., Ltd. (former trade name: F Co., Ltd.; hereinafter “Defendant Company”).

A) The Yeongdeungpo-gu Seoul Metropolitan Government and the 17thm2,946.4m2 (hereinafter “instant site”) are established by establishing the Dong.

(1) The business of constructing a new brokerage hole building on the instant site (hereinafter referred to as the “instant business”) which operates a large restaurant in and on its ground.

2) On October 21, 201, Defendant Company, C, D, Nonparty H, and I jointly owned the instant site (hereinafter “instant construction”) awarded a contract for the construction of a new construction of a construction of a construction of a construction of a construction of a construction of the said construction on the said site (hereinafter “instant construction”) with the cost of KRW 7.38 billion for the construction cost fixed at KRW 7.8 billion.

B. On the one hand, on September 2012, I sold his share of the instant site to Defendant E, and on September 18, 2012, Defendant D and J entered into a joint business agreement with Defendant E with regard to the instant project (hereinafter “instant first business agreement”).

Article 3 (Transfer of Land, etc.)

1. Yeongdeungpo-gu Seoul shall be transferred to Defendant E;

2.K, L, M, N,O (I, stock company B, each 1/5) shall be transferred to J.

3.Other parcels are the owners on the current registry (Defendant D, C, H, P).

4. The value of the whole land shall be 16 billion won.

Article 4 (Transfer of Registration of Building) The name of a building constructed in a new business area shall be Defendant E, D and J Joint Ownership, and the shares shall be one-third of each.

The transfer registration of ownership in the name of a project owner shall be immediately made.

Article 4 (Financial Obligations) Any financial obligation which is current or may arise in the future shall be jointly liable for each business operator one-third and shall be paid interest and all costs on the fixed date.

Article 5 (Raising Funds) Loans to the business entity as collateral real estate in the name of Defendant E and J.