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(영문) 창원지방법원 2018.09.12 2018가단102051

약정금

Text

1. Defendants B and C Co., Ltd. shall be jointly and severally liable to the Plaintiff for KRW 170,000,000, and Defendant B shall be jointly and severally liable to the Plaintiff on March 2018.

Reasons

1. Facts of recognition;

A. On December 2, 2014, Defendant C purchased 8,300,000,000 G buildings from Changwon-si’s counter F. 181,3 square meters and its ground (hereinafter “G buildings”) from Changwon-si, and completed the registration of ownership transfer on March 27, 2015.

After that, Defendant D removed G building and newly built a 4th ground-based building on the above site (hereinafter “H building”) around November 2017.

B. The Plaintiff, as a lessee of the second floor commercial building (cafeteria), the first floor verbal room, and the first floor I store of G building, entered into an agreement with Defendant B and the said leased store on December 2014 (hereinafter “instant agreement”) with regard to the solicitation of the said leased store:

1. Indication of real estate: F 2 stories (277.6 square meters), one story oral room, and one story I from the window of Changwon-si;

2. Owner of real estate: The tenant A and B shall agree on the real estate set forth above for the plaintiff, and the tenant A shall pay the expenses for surrendering the tenant A:

3. Expenses for illumination: 300,000,000 won.

4. Down payment: December 31, 2014.

5. Part payments: February 28, 2015,000 won;

6. Balance: The balance of KRW 170,000,000 shall be paid in sequence from the sales commission to the sales agency agreement with C (State) which is the executor of the F new business at Changwon-si, and B.

By February 28, 2015, a mutual agreement is made between F2-story commercial buildings and F2-story commercial buildings, and the first floor oral statement and the first floor I, and the mutual belief is observed and confirmed by signature.

C. On December 3, 2014, the Plaintiff received the order of KRW 20,00,000 from Defendant B, KRW 30,000,000 from J on the 31st of the same month, and KRW 130,00,000 from K on February 27, 2015, and ordered the above leased store to E on February 28, 2015.

Defendant C with respect to the new construction and sale of H buildings on March 3, 2015, Defendant B, J and L representative director in relation to the construction and sale of H buildings

K. (hereinafter collectively referred to as “Defendant B, etc.”) in total as Defendant B, J and L.

The following terms and conditions of the sales commission agreement (hereinafter referred to as "the sales commission agreement"):