약정금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On August 31, 201, the Plaintiff asserted that, by investing their own funds with the Defendant, purchased and reselled a tenement house with a lower market price, the Plaintiff agreed to reflect the gains, and paid KRW 65.9 million to the Defendant for purchase of tenement houses on or around August 31, 201.
On November 19, 2011, the defendant purchased a row house in 300 million won (180 million won succeeded to the obligation to return the deposit for lease on a deposit basis) and sold it to 36 billion won around October 6, 2012.
The Defendant paid only 288 million won out of the sales price to the Plaintiff.
Therefore, in accordance with the above agreement, the Defendant is obligated to pay the Plaintiff the remainder of 40 million won (68.9 million won) calculated by subtracting 28.8 million won already paid from the total of 68.9 million won (65.9 million won) of the proceeds from resale, which is the sum of 1/2 of the proceeds from resale as the purchase of tenement houses, from the total of 65.9 million won and 3 million won of the proceeds from resale (68.9 million won).
2. The Plaintiff paid KRW 65.9 million to the Defendant solely on the basis of the written evidence Nos. 3 and 4, as investment funds or apartment house purchase funds.
In addition, it is insufficient to recognize that there was an agreement between the Plaintiff and the Defendant to reflect the resale marginal profit of row houses, and there is no other evidence to acknowledge it.
3. In conclusion, the plaintiff's claim based on the different premise is without merit, and it is dismissed. It is so decided as per Disposition.