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(영문) 창원지방법원통영지원 2016.02.02 2015가단3975

약정금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 140,00,000 to the Plaintiff (Counterclaim Defendant) and its related amount from May 21, 2015 to September 30, 2015. < Amended by Act No. 13505, Sep. 30, 2015>

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On September 27, 2011, the Plaintiff agreed to jointly implement the new construction of approximately 1,085 units of multi-family housing at 1,085 households at Gyeongnam-do, by securing the ownership of the project site and raising business expenses other than the members, among the promotion committee of the said promotion committee, 80 members by recruiting 80 members.

B. From August 201, the Plaintiff recruited 60 members from around 201 to the Committee for Promotion of the Regional Housing Association, and held a business presentation and inaugural general meeting on October 30, 201, concluded a service contract for the purchase of the project site between D and D on September 1, 201, and entered into a contract for the purchase of part of the landowner. On November 25, 2011, the Plaintiff entered into a design contract with E on November 25, 201, a technical service contract between E and Young-Tech Engineering Co., Ltd., and entered into a construction contract with the Committee for Promotion of the Regional Housing Association on April 2, 201, but it was difficult to pay the cost of the contract concluded for the promotion of the project, such as a sales contract concluded with some owners of the project site or a design contract for multi-family housing.

C. On February 24, 2012, the Defendant was a company established in order to newly build an apartment of a regional housing association in the Frannam-do. From the date of its establishment to the date of the purchase of the project site from the landowners. On May 25, 2012, the Defendant entered into a design contract with the Korea-U.S. comprehensive architect office on May 25, 2012, and entered into a technical service contract with Thai Co., Ltd. on June 8, 2012 (which entered into the same contract with the Korea-U.S. Corporation on April 2012, but terminated on June 2012).