beta
(영문) 서울중앙지방법원 2016.06.28 2015가단5076984

약정금

Text

1. The Defendant (Appointed) and the Appointed C&C Co., Ltd. shall be jointly and severally liable to the Plaintiff for KRW 95,494,00 and their portion.

Reasons

1. Facts of recognition;

A. On April 27, 2011, the contract for succession to rights and obligations was concluded 1) Defendant (Appointed Party) and the Appointed C&C Co., Ltd. (hereinafter the Appointed Party) as “Defendant volcanic Construction,” respectively, and the Appointed C&C Co., Ltd as “Defendant C&C.”

On April 27, 2011, the Plaintiff and Seoul Gangdong-gu Seoul Metropolitan Government Construction Project for Ground B Officetel and Green Commercial Facilities (hereinafter “instant project”).

2) As to the contract on succession of rights and obligations (hereinafter “instant contract”).

(1) The Plaintiff, the transferor of the instant business, (hereinafter referred to as “A”) entered into a contract and the main contents thereof are as follows.

Defendant C&C (former trade name before change: Choyang Construction Co., Ltd.; hereinafter referred to as “B”) and transferee

(3) Defendant Volcano Construction, a transferee’s related company (hereinafter “Sick”).

A) The agreement on the succession of rights and obligations as set out below is concluded and the performance key is to be made in good faith. Article 4 (Settlement of Expenditure Costs, etc. for A) ① The agreement and settlement is reached between A and B as follows: (a) The initial investment cost related to the project of this case is to be settled in 220,000,000 won; and (b) B shall be paid in cash to A at the time when the general sale rate of the project of this case reaches 50%; (b) the agreement and B shall be settled with respect to KRW 180,00,000 out of the contract amount of the project of this case paid by A and the general sale rate of the project of this case reaches 50%, and Eul shall be paid in cash to B at the time when the general sale rate of the project of this case reaches 50%; (b) the land price of the project of this case (or the balance and interest for delay, etc.) the project of this case is to be paid by the Plaintiff and the Defendants at the time of this case.

2 million won.