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(영문) 부산지방법원동부지원 2017.11.09 2016가합105717

약정금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

C Regional Housing Association Promotion Committee (hereinafter referred to as the "Promotion Committee") was organized for the construction of new regional housing association with a total of 1,256 households in Busan-gu Dilwon (hereinafter referred to as "the project of this case").

On August 2014, the promotion committee concluded a service contract between the Defendant and the Defendant, a corporation established for the purpose of real estate sale agent business, if the Defendant provided land purchase, establishment of reconstruction association, and services necessary for obtaining approval of the instant project from the competent authority, the promotion committee concluded, in return, a service contract with the Defendant to provide KRW 10 million per newly-built apartment household to the Defendant.

Around August 2014, the Defendant entered into an agreement with the Plaintiff to receive KRW 300 million from the Plaintiff, and to pay dividends to the Plaintiff if the C Regional Housing Association was established and the Plaintiff would receive service costs from the Plaintiff as a result of the smooth implementation of the instant project (hereinafter “instant agreement”).

Pursuant to the instant agreement, the Plaintiff paid to the Defendant KRW 50 million on September 5, 2014, KRW 10 million on October 10, 2014, KRW 100 million on December 18, 2014, KRW 300 million on January 15, 2015, and received 39.9% of the Defendant’s shares from the Defendant’s management.

On October 15, 2014, the Plaintiff and the Defendant drafted a letter of undertaking (hereinafter referred to as “instant letter of undertaking”) with the intent to verify the contents of the instant agreement as follows, and on October 16, 2014, a notary public received the said letter of undertaking at the E-Joint Law Office.

확 약 서 ⊙ 내용 : F동 재개발 주택 수익금 지급(부산시 부산진구 D 일원) ⊙ 투자자 : A ⊙ 업무대행사 : ㈜B 대표이사 G ⊙ 투자에 따른 이익배당금 : 금사십억원(금 4,000,000,000원) ⊙ 투자이익배당금 지급조건

1. The primary dividend: The sum of KRW 2,000,000 (gold 2,000,000,000) - the payment made on May 30, 2015;

2.2.2.