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(영문) 서울중앙지방법원 2016.11.18 2016가합514003

약정금

Text

1. The Defendant’s KRW 2,500,000,000 as well as 6% per annum from December 31, 2015 to March 30, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant enter into an agreement related to the C Multi-family housing development project and the Plaintiff’s payment of investment 1) the Defendant actually operated D Co., Ltd. (hereinafter “D”).

) and E Co., Ltd. (hereinafter referred to as “E”);

A) On August 2013, 2013, “A project for the development of multi-family housing in common zone F outside common zone in common zone in common zone in common zone” (hereinafter “instant project”) is called “C project.”

2) On August 31, 2013, the Plaintiff entered into a joint business agreement with the Defendant to invest KRW 3 billion in the instant C business and receive 30% of the profit of the instant C business from the Defendant in the name of the Plaintiff’s wife G (hereinafter “instant business agreement”), and its main contents are as follows.

As referred to in B of the Joint Project Agreement (hereinafter “A”) and A (hereinafter “B”), the Plaintiff entered “B” in the column for signature and seal of the parties to the instant C Project Agreement as Plaintiff’s wife G.

to enter into a joint project agreement as follows:

Article 2(Business Investment Funds) ① Investment of KRW 3 billion in the Project (referred to as “A”’s main business (referred to as “A” business of this case; hereinafter the same shall apply), and Party A shall ensure the payment of B investments.

(B) The principal security). (2) The amount of KRW 2 billion out of the 3 billion investments of Eul shall be used as the first beneficial interest, the Uamamamco (AF), the trust company, the trust company, and the land sales contract at the time of the land sales contract, the remainder of KRW 1 billion shall be used as the cost of acquiring the business rights, the cost of services such as design, and other initial project costs, and Eul shall pay KRW 600,000,000,000,000,000,000,000

B The amount of investment shall be three billion won.

(3) Article 5 (1) shall be paid in cases where Article 5 (1) is implemented.

4. A shall reimburse 1.5 billion won of the investment of B in this project P/F.

(5) The balance of investments in B shall be the payment key in the settlement of accounts for this project.