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(영문) 서울남부지방법원 2015.01.27 2014가합106787

약정금

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company that runs the apartment sales business, and Defendant C is a real operator of the Defendant Company.

B. In around 2012, the Defendant Company entered into an agency contract with the License and the Regional Housing Association (hereinafter “the instant association”) which has promoted apartment sale business in Suwon-gu, Busan-gu, Busan-do (hereinafter “instant association”), and performed the work to secure ownership of the said site of the instant association.

During the process of disclosure sale as to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”), one corporation, the trustee, was awarded a successful bid on January 23, 2013, and the E Co., Ltd. (hereinafter “E”), the Defendants, while seeking a method to succeed to the status of successful bidders of each of the instant real estate from E, requested the Plaintiff to acquire the executives of H (hereinafter “H”) who have a close relationship with E and succeed to the status of successful bidders.

[Agreement] Defendant C: Defendant C, a joint and several surety for Defendant Company’s agent: Plaintiff

1. On January 23, 2013, in Hanol Trust Co., Ltd., a corporation succeeds to the status of a successful bidder to the instant association by the instant association, real estate awarded at H affiliate E by training the public auction of real estate as well as the public auction of real estate as security trust in Suwon-gu Busan Metropolitan City.

2. Eul shall comply with paragraph 1 above, and in return for the completion of the transfer of ownership of the above auction property, Gap shall pay 200 million won to Eul.

Provided, That if the amount exceeds KRW 100 million, the price shall be adjusted to KRW 100 million.

3. B shall make every effort to resolve disputes within the extent that the project does not significantly impede;

C. Accordingly, on February 2013, the Plaintiff and the Defendants concluded an agreement with the following officers (hereinafter “instant agreement”).

After that, the instant union and E shall be February 22, 2013.