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(영문) 대구지방법원 2015.08.20 2014가합7838

약정금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 500,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from October 8, 2014 to August 20, 2015.

Reasons

. It shall be transferred free of charge to A (hereinafter “Defendant”).

(Provided, That in the case of new construction on the H model housing unit on the side of the H model housing unit, terms and conditions are the same as those for the existing H model housing unit free of charge)

2. To order the Defendant to the amount of KRW 00,000,000 when using the H model voucher owned by the Defendant as the pre-term agreement prior to the lease period (hereinafter “instant agreement”). If H model voucher is difficult to specify, if a new H model voucher is built on the land owned by the Defendant on the part of H model voucher, the order will be given to the Defendant in the amount of KRW 0,00,000,000.

3.This Agreement shall become effective by a written agreement of the representative director who is a joint business proprietor of the second business.

The defendant shall pay the agreement under paragraph (2) to the plaintiff immediately after the entry into force.

4. Once this agreement takes effect, the plaintiff and the defendant shall discontinue all criminal and civil legal acts against the other party and shall withdraw immediately all such juristic acts in progress.

* Until August 26, 2014, paragraph 3 becomes effective and the amount referred to in paragraph 2 shall be paid simultaneously with the Plaintiff’s model know-how.

In addition, on August 26, 2014, E representative director I written the phrase “I consent to the terms and conditions of the contract” in this case and signed and sealed it.

H. After the instant agreement, the Plaintiff transferred the documents necessary for the procedure for the transfer of the title to the temporary building to the Defendant, and E transferred the instant leased real estate to G by providing the key to the instant model house to G on August 29, 2014 in accordance with the instant agreement, and removed materials, facilities, etc. due to the internal modification work in the instant model house.

[Ground of recognition] without any dispute, Gap's 1 through 7 evidence, Eul's 1 through 5, 14, and 19 evidence (including each number), the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. According to the instant agreement, the Plaintiff’s assertion regarding the cause of the claim is determined.