약정금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On March 29, 2016, the Defendant entered into a contract with C (hereinafter “C”) on the condition that landscaping, aggregate, etc. (hereinafter “the instant site”) be produced and supplied (hereinafter “the instant aggregate supply contract”) on the land outside D and 24 lots (hereinafter “the instant site”).
B. On May 31, 2016, E Co., Ltd. (hereinafter “E”) practically operated by the Plaintiff entered into a contract of transfer and acquisition with the Defendant to acquire the Defendant’s business rights under the instant aggregate supply contract (hereinafter “instant contract of transfer and acquisition of business rights”).
C. The Plaintiff F (the person who participated in the conclusion of the instant contract for the acquisition of business rights) produced aggregate, etc. at the instant site from the time of the conclusion of the instant contract for the acquisition of business rights until July 2016, and the Plaintiff mainly played a role in raising funds necessary for the production of aggregate, etc.
The F drafted to the Defendant at the beginning of August 2016 each of the following descriptions (hereinafter referred to as “each of the following descriptions”) and the Defendant entered into a contract for transfer or acquisition in the name of E at will on August 8, 2016 for the production of aggregate, etc. in the instant site that the Defendant received from C on August 8, 2016.
2. However, in fact, E would waive the ownership and all rights of landscaping land (the total quantity of shipment, progress payment, etc. shall be considered to have been liquidated) entered on the site of July 30, 2016, provided that it is not related to the terms and conditions of a provisional contract and, in fact, the person was awarded a contract for the production of aggregate, etc. by the defendant, but he is the person who was unable to produce aggregate, etc. and the defendant was paid KRW 20 million from the defendant.
3. Therefore, an individual produces aggregate, etc. from June 1, 2016 to July 30, 2016.