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(영문) 수원지방법원안양지원 2015.01.08 2013가합102812

약정금

Text

1. The Plaintiff:

A. Defendant C is KRW 2,350,000,000 and 5% per annum from February 10, 2007 to November 18, 2014.

Reasons

1. Basic facts

A. The Plaintiff is a company that operates a housing construction business, housing site preparation business, real estate development business, etc., and Defendant B (the chief director D; hereinafter the “Defendant’s school”) is a school foundation that operates E High School and EV High School (hereinafter the collectively referred to as “instant school”), and Defendant C is a person engaged in the construction business.

B. The Defendant’s private teaching institute’s business (i) the start of the instant school relocation project and the conclusion of the first sale contract) is the business with the content that the instant school located on the 9 parcel of land F in Ansan-gu, Ansan-si, the city area of the city, is relocated to G outside of the school and two lots (hereinafter “instant school relocation business”).

A) Around November 1997, H was selected as a director of the Defendant’s private teaching institute and registered on October 19, 1998.2) The Defendant’s private teaching institute entered into an agency contract for authorization and permission (hereinafter “I”) with an administrative service provider on or around February 2000, and decided to hold a board of directors on November 27, 200 of the same year to sell the building (hereinafter “school property”) 73,756 square meters and 73,756 square meters of land (hereinafter “instant school property”).

3) On October 9, 2002, Defendant Private Teaching Institutes and Justice J Co., Ltd. (hereinafter “J”)

B) A contract to sell the pertinent school property in KRW 50.19,9750,00 (hereinafter “first sale contract”) between the two parties (hereinafter “the instant school property”).

A) A contract was concluded. According to the first sale and purchase contract, the Defendant’s private teaching institute is prohibited from entering into a new agreement or contract with another person with respect to the pertinent school property, and the J has paid the Defendant’s private teaching institute the amount of KRW 1.5 billion equivalent to 3% of the above purchase price (in part of the purchase price). The J paid the Defendant’s private teaching institute KRW 1.5 billion on the date of entering into the first sale contract. (C) The Defendant’s private teaching institute entered into a contract for the transfer of the instant school and the second sale and purchase of the instant private teaching institute around March 201 and July 201.