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(영문) 수원지방법원성남지원 2019.01.25 2017가합407332

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 May 27, 2011, Defendant C planned a business of constructing and selling multi-household housing on the ground (hereinafter “instant business site”) on the 15,966 square meters of a planned control area among Gwangju-si D, E, F, and G (hereinafter “instant business site”), and purchased the instant business site in KRW 10,860,00,000 from Horse Association on May 27, 201, but the buyer entered into a land sales contract with Defendant C and 13 persons, and on July 21, 2011, Defendant B Co., Ltd (hereinafter “Defendant Co., Ltd”). < Amended by Act No. 10867, Jul. 21, 2011>

(Representative, I was the birth of Defendant C, and on the same day, Defendant C was the internal director of the above company). (B)

At the time of the incorporation of the Defendant Company, the Plaintiff paid KRW 600 million to Defendant C, and on July 21, 201, the Plaintiff was registered as an internal director in the corporate register of the said Company.

C. On November 19, 201, between the Plaintiff and the Defendant Company, a standard construction work contract was prepared between the Plaintiff and the Defendant Company on November 19, 201, under which the Plaintiff contracted the construction and appurtenant works of the neighborhood living facilities and multi-family houses (hereinafter “instant house,” “instant commercial buildings”) to the Defendant Company. In fact, the Defendant Company was performing the construction and sale of the instant house under the name of the Plaintiff.

On the other hand, around July 2013, the shareholder registry of the defendant company was registered as a shareholder holding 20,000 shares (10,000 won per share) equivalent to 40% of the total shares of the defendant company among 50,000 shares of the defendant company.

E. After that, around July 2014, the Defendant Company completed the construction and sale of approximately 220 households of the instant housing and the instant commercial building.

【Ground of recognition】 The fact that there has been no dispute, Gap’s 1 through 7 (including paper numbers), 8-13, 17, and 18, the purport of the whole pleadings and arguments

2. The parties' arguments.