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(영문) 서울북부지방법원 2018.07.26 2017가합26885

약정금

Text

1. The plaintiff's lawsuit against B&C Co., Ltd. is dismissed.

2. The plaintiff's defendant corporation.

Reasons

Basic Facts

Defendant B&C Co., Ltd. (hereinafter “Defendant B&C”) is a company with the purpose of housing construction and sales business.

Defendant Bosch Rexroth Co., Ltd. (hereinafter “Defendant Bosch Rexroth”) is a company that aims at real estate development business.

On December 203, 2003, the defendant Cheongsan S&C, as part of the apartment building construction and the apartment sale business, purchased the land of 8 lots, which is not 988m2, from the Haung-si Foundation, Siung-si Foundation, B, B, 98m2, as its business site, and completed the registration of ownership transfer on December 24, 2003.

On January 5, 2004, the Plaintiff drafted a service contract with Defendant B&C with the following contents:

(A) Article 1 (Details of Services) of the Service Contract. The purpose of Article 1 (Contents of Services) is to complete the flat work within the shortest period by performing the services specified in Article 5 for the unauthorized Possessor and tenant's moving-out and the removal of buildings and other attached land, which are retained on the land outside B and eight parcels of land in Sinsan City owned by the Defendant Cheong River.

Article 4 (Service Payments and Payment Methods)

(a) the total amount of the services shall be KRW 5,000,000,000, and value-added tax shall be separately provided;

On March 24, 2004, including the conclusion of a joint agreement between the Defendants on March 24, 2004, the Defendants entered into a joint agreement on March 24, 2004 with Defendant Bosch Rexroth as follows with regard to the apartment construction and sale of an apartment that was in progress on the 8 lots outside B and the 8 lots of land:

(A) No. 5-1) Article 1 (Investment Amount) of the Joint Project Agreement dated March 24, 2004 (Investment Amount) ① by March 24, 2004, the amount invested by Defendant Bohn C&C for the Project shall be KRW 4,700,000.

② The amount to be invested by Defendant Bosch Rexroth shall be KRW 3,000,000.

Article 2 (Joint Business Operator) (1) The Defendants shall apply this business to the ratio of 70 percent by Defendant Bosch Rexroth and 30 percent by Defendant Bosch Rexroth.