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(영문) 대구지방법원서부지원 2019.11.05 2018가단60332

약정금

Text

1. The Defendants jointly share KRW 90,000,000 with respect to the Plaintiff and 5% per annum from January 5, 2019 to November 5, 2019.

Reasons

Basic Facts

On October 2015, if the Plaintiff invested in the amount of KRW 70 million out of the money necessary to purchase and remodel the real estate listed in the separate sheet (hereinafter “instant house”) by the Defendants and the Defendants, the Plaintiff determined to sell the instant house and pay to the Plaintiff half of the amount of the principal of the investment and the amount of the profit (20 million won where a half of the profit is less than KRW 20 million) (hereinafter “instant agreed amount”).

(hereinafter “instant agreement”). On October 19, 2015, Defendant C entered into a sales contract with D to purchase the instant housing in KRW 265,00,000, and on this ground, Defendant C completed the registration of ownership transfer under Defendant C’s name on December 8, 2015.

The Plaintiff transferred the sum of KRW 70 million to Defendant C’s account by December 8, 2015, according to the instant agreement.

On December 8, 2015, with respect to the agreement between Defendant C and the instant case, the Plaintiff drafted a real estate lease agreement (hereinafter “the lease agreement of this case”) stating that the lessor is the Defendant C and the lessee as the Plaintiff.

1. Three floors among the houses in this case with indication of real estate;

2. Terms and conditions of the contract - KRW 90 million - The lessor shall deliver the said real estate to the lessee by December 8, 2015, and the lease term shall be 24 months from the delivery date until December 7, 2017.

(Matters of special agreement) The lessee will invest 70 million won in the above address.

Distribution of profits at the time of sale shall be made to the lessor and 50:50.

Provided, That if the dividend of the lessee A becomes known to KRW 20 million, the lessor C shall be responsible for up to KRW 20 million, and the lease contract shall be KRW 90 million.

(including a shortest dividends) The dividends shall be distributed among each other after the sale and purchase at the above address.

At present, with respect to the whole three floors of the instant housing, the case is: (a) the Plaintiff, the deposit money for lease on a deposit basis, the term of the lease on a deposit basis, and the term of the lease on a deposit basis from December 8, 2015 to December 7, 2017.