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(영문) 울산지방법원 2018.10.18 2017가합22038

약정금

Text

1. The plaintiff, Ga.

DefendantB shall pay 800,000,000 won and 600,000,000 won. < Amended by Act No. 11614, Jan. 1, 2013>

Reasons

1. Basic facts

A. A. On November 2010, the Plaintiff agreed with Defendant B to jointly carry out the business of constructing and selling a sub-loan on the ground of Seo-gu Incheon, Seo-gu, Incheon (hereinafter “instant loan business”). Around November 201, the construction permission, etc. was carried out in the name of the Plaintiff, who is the Plaintiff.

B. From December 201 to May 201, 201, the Plaintiff remitted KRW 274,705,000 as the construction cost, etc. for the instant loan project to the account in the name of Defendant B via the F’s account. On November 3, 2011, Defendant B entrusted the Plaintiff with the preparation of a promissory note No. 12668,00,000, computed by deducting the amount partially remitted to Defendant B’s account in the process of the instant loan project from the amount that the Plaintiff paid to Defendant B to the addressee to Defendant B, the amount that the Plaintiff deducted from the amount that the Plaintiff remitted to the F’s account in the process of performing the instant loan project, the Plaintiff issued a promissory note with the face value of KRW 126,00,00,000, which is to the effect that there is no objection, even if being subject to compulsory execution.

C. Meanwhile, on March 19, 2012, Defendant B completed the business registration of G for the purpose of running the business related to printing and promotional products in the name of Defendant C, which is the mother of Defendant C, and the Plaintiff loaned approximately KRW 171,00,000 to Defendant B as the name of lease deposit, employee’s salary, printing machine price, and loans to Defendant B from June 201 to July 201, and paid KRW 70,000 as the amount invested in G on July 17, 2012.

On July 18, 2012, the day after the Plaintiff paid the Plaintiff’s contribution to G, Defendant B paid KRW 400 million to the Plaintiff. However, the Plaintiff and Defendant B concluded a G investment agreement with the effect that KRW 100 million shall be paid in installments until August 20, 2012, August 31, 2012, and September 30, 2012, and December 31, 2012, and that KRW 800 million shall be paid in violation of the agreement (hereinafter “instant investment agreement”).