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(영문) 서울중앙지방법원 2013.12.06 2013가합29603

약정금

Text

1. The Defendant: KRW 1,031,238,79; and KRW 6% per annum from February 1, 2013 to December 6, 2013; and

Reasons

1. Determination as to the cause of claim

A. The facts of recognition are as follows: (a) The downtown redevelopment project (hereinafter “instant project”) is located in Zone B C, Jung-gu, Seoul.

(2) On February 28, 2003, the Defendant implementing the instant investment contract (hereinafter “instant investment contract”) signed with the Plaintiff on February 28, 2003

The purpose of this Agreement is to clarify the rights and obligations between the parties, as an undisclosed association established under Article 78 of the Commercial Code, with respect to the investment of investors (the Plaintiff) in the instant project executed by the Company (the Defendant) and distributing part of the profits accruing from the said project to investors, the Company is an entity of an undisclosed association and the investor is an undisclosed association established under Article 78 of the Commercial Code, which is a partner of an undisclosed association. The term “total amount of investment” in this Agreement is the amount derived from the investment made by the Company for the instant project and invested by the Company by the Investor.

2.2. The term "investment amount of an investor" in this Agreement means the amount invested by an investor for the Project of this case under this Agreement.

2.7. The term "shares of Profits" in this Agreement means the profits a company shall distribute to investors among the net profits of the business in Article 2.5, and shall be calculated by dividing the amount equivalent to 70 per cent of the net profits of the business in Article 2.5 by the total amount invested in Article 2.1, and by multiplying the amount invested by the investors in Article 2.2, following:

2.9. The term "the completion of the project" in this Agreement means the completion of the registration of transfer by sale or sale of all real estate constructed by the project in this case.

2.10. The term "Intermediate Distribution Date" in this Agreement means the date on which the Company has decided to distribute profits to investors, as it is clear that the business has not been completed but the net profit of the business will occur.

2.11. The term "intermediate distributions" in this Agreement shall be as of the date of intermediate distribution.

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