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(영문) 대전지방법원천안지원 2014.01.13 2012가단745572

약정금

Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) are dismissed.

2. The plaintiff (Counterclaim defendant) is about 40.40.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The following facts may be found either as a matter of dispute between the parties or as a whole by taking account of the entries in Eul 1 to 7, and Eul 9 to 14, as well as the testimony of the witness D and the whole purport of the arguments as a result of the examination of the defendant B. A.

The plaintiff was a leading share holder and organized and operated each of the following successful bid amounts:

1) 37,20,000 won (hereinafter referred to as "one, 1) beginning on February 20, 2007

(2) 2) 15 days (hereinafter referred to as 33 days (hereinafter referred to as 15 days) of the 27th assistant inspector beginning on September 10, 2007 (hereinafter referred to as "second assistant") 3), 37 days of the 15th assistant inspector commencing on December 15, 2008 (hereinafter referred to as "three days").

(4) 60,25,000 won (hereinafter referred to as "4,00 won") beginning on August 25, 2006 and 37,20,000 won (hereinafter referred to as "5,00 won") beginning on February 20, 207

6) 37 10 days (hereinafter referred to as "6 days") beginning on November 10, 2009

B. The method of operation of each of the above sectors is the same as the fraternity's payment of KRW 1,00,000 for each of the preceding accounts when the fraternity begins, and the successful bidder shall proceed once a month from the following month, the successful bidder shall receive the class installment, the successful bidder shall be exempted from the payment of the total amount of KRW 1,00,000 for each month from the following month to the end of the next month, and the class installment to be paid by the joint bidder shall be the class installment to be paid by the joint bidder. ① The class installment to be paid by the joint bidder shall be the class installment of KRW 1,00,000 for the previous one account and ② the class installment to be paid by the joint bidder from the successful tender amount after deducting the deposit amount as described in the above paragraph (1) from the successful tender amount.

2. Judgment on the plaintiff's main claim

A. The Plaintiff joined each of the fields Nos. 1, 2, and 5 and paid all the accounts by the date of the completion of the fraternity without being awarded a successful bid. As such, Defendant C, the owner of the fraternity, is obligated to pay to the Plaintiff a total of KRW 98 million of the class installments of each of the above fields, and Defendant B, the Defendant C, as the owner, is obligated to pay the Plaintiff a total of KRW 98 million.