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(영문) 수원지방법원성남지원 2013.10.04 2013가합4933

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. On January 11, 2012, Defendant B entered into an agreement with the Foundation E (hereinafter “instant E”) on the instant case of redevelopment project contracts awarded by Defendant B, with the following: (a) Defendant B is in charge of calculating infrastructure costs among redevelopment projects; (b) calculating cost of rental housing; (c) calculating cost of rental housing; and (d) transferring state-owned and public-owned land free of charge; and (c) the two are in charge of the joint projects to distribute profits at a certain rate depending on the scale of the project and the type of business (hereinafter “instant joint projects”).

B. On July 2012, the Plaintiff asserted that he was deceiving Defendant B from the Defendant and acquired by deception KRW 968,890,000, and that Defendant B was accused of fraud. Around November 7, 2012, the Plaintiff and Defendant B filed a complaint with Defendant B with the intent to commit fraud, and on November 7, 2012, the written statement of discharge of the entire obligation as follows (hereinafter “written statement of discharge of the entire obligation”). At the time, Defendant C, the wife of Defendant B, guaranteed Defendant B, pursuant to the instant written statement of discharge of the entire obligation.

Defendant B shall prepare and faithfully implement a letter of debt repayment with respect to total amount of KRW 900 million to the Plaintiff as follows:

1. It shall be deemed that 1.5 million won, out of the amount of debt of 900 million won, has been paid to the Plaintiff F;

2. The balance, excluding sub-paragraph 1, KRW 50,000,000,000,000,000 shall be repaid with the proceeds of the redevelopment Defendant B’s equity.

The method and basis of repayment shall be met on the basis of a statement of performance of KRW 500 million.

However, if the amount of KRW 500 million is not repaid with the profits of the redevelopment B, the defendant B is obligated to pay the additional repayment plan and pay the unpaid amount.

3. The balance, excluding the two paragraphs, of 20 million won, shall be payable within two years after the completion of a port two times.

Due to the above three paragraphs, the Promissory Notes amounting to KRW 250 million shall be issued, and the due date shall be the entire debt performance note.